R. c. Disundidi

R. c. Disundidi

The Court dismissed the appeal: the trial judge reasonably evaluated the evidence and credibility, addressed material inconsistencies, properly disregarded the alleged other-file as not probative, and the absence of the physician witness resulted from lack of proper service and defence waiver, so no prejudice to the...

Source-derived case information.

Citation
2011 ONCA 837
Parties
Respondent: Sa Majesté La Reine; Appellant: Alberto Mpanzu Disundidi
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 December 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction (court of Appeal Decision)
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Credibility Assessment, Sufficiency of Evidence, Cross Examination on Prior Allegations, Publication Ban (s.486.4), Witness Absence
Source Language
fr
Criminal Law Appeal Against Conviction Credibility Assessment Sufficiency of Evidence Cross Examination on Prior Allegations Publication Ban (s.486.4) Witness Absence

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Summary, issues, holding and outcome

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Parties

Sa Majesté La Reine

Respondent

Alberto Mpanzu Disundidi

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction (court of Appeal Decision)

  1. 1 Whether the guilty verdicts were unreasonable and unsupported by the evidence
  2. 2 Whether the trial judge erred in permitting cross-examination regarding existence of another file alleging abuse
  3. 3 Whether the absence of a physician witness prejudiced the accused

Ratio Decidendi

The Court dismissed the appeal: the trial judge reasonably evaluated the evidence and credibility, addressed material inconsistencies, properly disregarded the alleged other-file as not probative, and the absence of the physician witness resulted from lack of proper service and defence waiver, so no prejudice to the appellant occurred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Publication ban maintained pursuant to ss.486.4 and 486.6 of the Criminal Code