R. v. Wiggins
The appeal was dismissed because the trial judge accepted the complainant's evidence that he hid after the alleged incident on the second day and was entitled to draw the reasonable inference that a threat was made; there was no credible contradictory evidence on that incident and therefore no inconsistency with the...
Source-derived case information.
- Citation
- 2008 ONCA 878
- Parties
- Respondent: Her Majesty the Queen; Appellant: Alan Bruce Wiggins
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 December 2008
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed.
- Legal Topics
- Threat, Credibility, Inference From Evidence, Inconsistency of Verdicts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Alan Bruce Wiggins
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in finding that a threat was made on the second day
- 2 Whether the conviction on the second-day threat is inconsistent with acquittal on charges relating to an alleged threat on the previous day
- 3 Whether the trial judge properly drew reasonable inferences from accepted evidence and assessed credibility
Ratio Decidendi
The appeal was dismissed because the trial judge accepted the complainant's evidence that he hid after the alleged incident on the second day and was entitled to draw the reasonable inference that a threat was made; there was no credible contradictory evidence on that incident and therefore no inconsistency with the earlier acquittal.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Wiggins Collection Decisions of the Court of Appeal Date 2008-12-23 Neutral citation 2008 ONCA 878 Docket numbers C47000 Judges Doherty, David H.; Rosenberg, Marc; Cronk, Eleanore Ann Subject Criminal Decision Content CITATION: R. v. Wiggins, 2008 ONCA 878 DATE: 20081222 DOCKET: C47000 COURT OF APPEAL FOR ONTARIO Doherty, Rosenberg and Cronk JJ.A. BETWEEN: Her Majesty the Queen Respondent and Alan Bruce Wiggins Appellant Robert J. Reynolds, for the appellant Leanne Salel, for the respondent Heard: December 11, 2008 On appeal from the conviction entered by Justice R.G. Byers of the Superior Court of Justice, dated October 3, 2006 and the sentence imposed on October 3, 2006. APPEAL BOOK ENDORSEMENT [1] Despite counsel’s able arguments, we would dismiss this appeal. The trial judge accepted the complainant’s evidence that he hid in his home after the alleged incident on the second day. Having accepted that part of the complainant’s evidence, the trial judge was entitled to draw reasonable inferences. That is what he did in finding that the threat was made. [2] We see no contradiction between the conviction and the acquittal on the charges relating to the alleged threat on the day before. The trial judge was not prepared to accept the complainant’s evidence where it was contradicted by credible evidence. There was no such contradictory evidence in relation to the complainant’s testimony in respect of the alleged threat on the second day. [3] The appeal is dismissed.