Court of Appeal for Ontario

Date: 2019-01-18 Docket: C64792

Judges: Simmons, Lauwers and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Daniel MacDonald Appellant

Counsel

Vallery Bayly, for the respondent

Ian McLean, for the appellant

Heard

January 18, 2019

Appeal Information

On appeal from the conviction entered on November 22, 2016, and the sentence imposed on September 15, 2017, by Justice L. Lacelle of the Superior Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The appellant seeks to retry the case in this court. Despite Mr. McLean's able submissions, we are not persuaded that the trial judge made any palpable and overriding errors in her evidentiary findings, any errors of law in her careful self-instructions, nor any palpable and overriding errors in her application of the law to the facts. She did not engage in uneven scrutiny of the appellant's evidence and the evidence of the complainant.

[2] The reasons exemplify the principles of good reasons set out in R. v. Sheppard 2002 SCC 26, [2002] 1 SCR 869. The reasons demonstrated the virtues of accountability, intelligibility, adequacy and transparency.

[3] The appeal is dismissed, and the sentence appeal is dismissed as abandoned.

"P. Lauwers J.A."