Superior Court of Justice – Ontario

Summary Conviction Appeals – Toronto Region

Court File No.: 99/11
Date: 20120411

RE: HER MAJESTY THE QUEEN, Respondent

AND:
SAVVAS KLERIDES, Appellant

BEFORE: McWatt J.

COUNSEL:
Carmel Penney , for the Respondent
Glenroy Bastien , for the Appellant

HEARD: April 10, 2012

Endorsement

[ 1 ] The Appellant was convicted of Criminal Harrassment of Eudokia Klerides and Margarita Klerides by Madam Justice R. Rutherford on March 10, 2011. He appeals against the conviction on three grounds: first that the trial judge misapprehended the evidence; second, that the trial judge failed to deliver meaningful reasons; and third, that the trial judge did not appropriately apply the test in R. v. W.D .

[ 2 ] I agree with the Crown’s characterization of this trial as straightforward and uncomplicated. The trial judge was asked by the defence to find a reasonable doubt based on the submission that the complainants fabricated the alleged incidents in order to thwart the appellant’s appeal for his gun licence. The trial judge expressly rejected this theory based on evidence she accepted from the complainants.

[ 3 ] The main issue before Her Honour was that of credibility. The Appellant testified and, based on the evidence before her, he was found to be completely incredible. Her Honour then went on to apply the test in W.D . appropriately when she outlined all of the Crown’s evidence that she did accept in order to convict the Appellant. She did so in reasons fully supported by the evidence and in a direct response to the key issues raised in argument by counsel.

[ 4 ] There is no basis for appellate review.

[ 5 ] The appeal is dismissed.

McWatt J.

Date: April 11, 2012