Court of Appeal for Ontario

Date: 20220613 Docket: C69935

Fairburn A.C.J.O., MacPherson and Harvison Young JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Everton Ambrose Appellant

Everton Ambrose, appearing in person J. Scott Cowan, appearing as duty counsel Philippe Cowle, for the respondent

Heard and released orally: June 9, 2022

On appeal from the conviction entered on July 5, 2021, with reasons at 2021 ONSC 4751, and the sentence imposed on September 23, 2021 by Justice Robert L. Maranger of the Superior Court of Justice.

Reasons for Decision

[1] The appellant appeals from both conviction and sentence.

[2] This matter arises from a drive-by shooting, during which shots from two different firearms were discharged.

[3] On the conviction appeal, the appellant argues that the trial judge erred in failing to make the findings of fact necessary to support the inference that Mr. Ambrose was either the shooter or a party. We disagree.

[4] Read as a whole, the trial judge’s reasons carefully reviewed the evidence, and stated clearly what the evidence was that he accepted and rejected. These findings amply support the conclusion that the appellant was either the shooter or a party.

[5] The appellant also argues that trial judge erred in assessing the evidence. We see no error.

[6] Nor has the appellant pointed to any error in the sentence imposed, which was entirely fit and reasonable in the circumstances.

[7] The conviction appeal is dismissed. Leave to appeal from sentence is allowed, but the sentence appeal is dismissed.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“A. Harvison Young J.A.”