R. v. Groot, [1999] 3 S.C.R. 664

Norman Groot Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Groot

File No.: 26929.

1999: November 5.

Present: Iacobucci, Major, Bastarache, Binnie and Arbour JJ.

on appeal from the court of appeal for ontario

Criminal law -- Assault -- Court of Appeal correctly relying on trial judge’s finding that accused allowed prisoner’s head to come into contact with desk and floor to set aside acquittal and enter conviction for common assault.

APPEAL from a judgment of the Ontario Court of Appeal (1998), 1998 2151 (ON CA), 41 O.R. (3d) 280, 129 C.C.C. (3d) 293, 112 O.A.C. 303, [1998] O.J. No. 3674 (QL), allowing the Crown’s appeal from a judgment of Hill J., [1996] O.J. No. 2906 (QL), acquitting the accused on a charge of assault causing bodily harm. Appeal dismissed.

Irwin Koziebrocki, for the appellant.

C. Jane Arnup and Randolv Schwartz, for the respondent.

The judgment of the Court was delivered orally by

[1] Iacobucci J. -- In this case, the trial judge concluded that beyond a reasonable doubt the accused unlawfully caused his prisoner’s head to come into contact with the desk and in turn the floor of the room. This finding was relied upon by the Court of Appeal with which we agree.

[2] Accordingly, for the reasons given by Chief Justice McMurtry of the Court of Appeal, this appeal as of right is dismissed.

Judgment accordingly.

Solicitor for the appellant: Irwin Koziebrocki, Toronto.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.