Court of Appeal for Ontario

Date: 2018-11-30 Docket: C63566 Judges: Doherty, Miller and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Ronald George Tyrell Appellant

Counsel

Mark C. Halfyard, for the appellant

Sarah Shaikh and Alexia Bystrzycki, for the respondent

Hearing and Appeal Information

Heard: November 29, 2018

On appeal from: The conviction entered on July 19, 2016 and the sentence imposed on December 7, 2016 by Justice Hugh K. O'Connell of the Superior Court of Justice.

Appeal Book Endorsement

(1) The "Hearsay" Issue

[1] The trial judge acknowledged during the evidence that anything said by Isaacs (not a witness) to the police officer (a witness) was admissible for narrative purposes and not for its truth. Nothing in his reasons suggests any departure from that self-instruction.

(2) The W.D. Issue

[2] We are satisfied that the trial judge properly applied W.D. Read as a whole, the reasons demonstrate that the trial judge understood he was required to apply the burden of proof to the totality of the evidence. Indeed the trial judge's consideration of the other count, on which he acquitted, despite rejecting the appellant's evidence is a strong testament to his understanding of W.D.

(3) The Delay in Giving Reasons

[3] In our view, any delay in giving reasons was driven primarily by efforts to accommodate all parties. Nothing in the circumstances would justify a finding that the presumption of integrity had been rebutted by the delay in giving reasons.

[4] The appeal is dismissed.