R. v. Aden
The trial judge, having seen the complainant testify, was entitled to prefer her evidence; there was no basis on which the appellate court could interfere with the conviction, so the appeal is dismissed.
Source-derived case information.
- Citation
- C31481
- Parties
- Respondent: Her Majesty the Queen; Appellant: Aden Gurase Aden
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 August 1999
- Procedural Posture
- Criminal / Appeal From Conviction After Trial; Court of Appeal Decision
- Outcome
- Appeal dismissed.
- Legal Topics
- Conviction, Credibility of Witness, Appellate Deference to Findings of Fact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Aden Gurase Aden
Appellant
Procedural Posture
Criminal / Appeal From Conviction After Trial; Court of Appeal Decision
Legal Issues
- 1 Whether appellate court should overturn trial judge's credibility finding
- 2 Whether the evidence was insufficient to support the conviction
Ratio Decidendi
The trial judge, having seen the complainant testify, was entitled to prefer her evidence; there was no basis on which the appellate court could interfere with the conviction, so the appeal is dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Aden Collection Decisions of the Court of Appeal Date 1999-08-24 Docket numbers C31481 Judges Brooke, John Watson; Finlayson, George Duncan; Rosenberg, Marc Subject Criminal Decision Content DATE: 19990824 DOCKET: C31481 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– ADEN GURASE ADEN (Appellant) BEFORE: BROOKE, FINLAYSON and ROSENBERG JJ.A. COUNSEL: Robert Lewis, for the appellant Jennifer Woollcombe, for the respondent HEARD: August 18, 1999 On appeal from the conviction imposed by Fontana J. dated January 6, 1999. ENDORSEMENT [1] We are all of the opinion this appeal fails and must be dismissed. [2] The trial judge was alive to the issue of credibility and the problems in the evidence. He chose to believe the evidence of the complainant, having had the advantage of seeing her testify and judging her credibility. In our view, there is no basis upon which we can interfere with this conviction. [3] The appeal is dismissed. Signed: “John W. Brooke J.A.” “G.D. Finlayson J.A.” “M. Rosenberg J.A.”