R. v. Brooks
The trial judge's rejection of the appellant's account and finding that no inducements were made were reasonable based on the videotaped statement and testimonies; appellate court will not overturn credibility findings absent unreasonableness, therefore the conviction stands and the sentence appeal is dismissed as...
Source-derived case information.
- Citation
- 2007 ONCA 190
- Parties
- Appellant: Andrew Brooks; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 March 2007
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed; appeal from sentence dismissed as abandoned
- Legal Topics
- Confession and Voluntariness, Credibility Assessment, Burden of Proof, Assessment of Inducements, Sentence Appeal (abandoned)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Brooks
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge properly rejected the appellant's evidence of assaults by the officer
- 2 Whether alleged inducements rendered the videotaped statement involuntary
- 3 Whether the trial judge reversed the burden of proof or impermissibly drew an adverse inference for failure to call witnesses
Ratio Decidendi
The trial judge's rejection of the appellant's account and finding that no inducements were made were reasonable based on the videotaped statement and testimonies; appellate court will not overturn credibility findings absent unreasonableness, therefore the conviction stands and the sentence appeal is dismissed as abandoned.
Court Disposition
Appeal dismissed; appeal from sentence dismissed as abandoned
Orders
- Appeal from conviction dismissed
- Appeal from sentence dismissed as abandoned
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Brooks Collection Decisions of the Court of Appeal Date 2007-03-20 Neutral citation 2007 ONCA 190 Docket numbers C44374 Judges Rosenberg, Marc; Goudge, Stephen Thomas; LaForme, Harry Smith Subject Criminal Decision Content CITATION: R. v. Brooks, 2007 ONCA 190 DATE: 20070320 DOCKET: C44374 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – ANDREW BROOKS (Appellant) BEFORE: ROSENBERG, GOUDGE and LaFORME JJ.A. COUNSEL: Joseph Di Luca and Patrice F. Band for the appellant Susan Magotiaux for the respondent HEARD & RELEASED ORALLY: March 13, 2007 On appeal from conviction by Justice Hugh R. McLean of the Superior Court of Justice dated March 14, 2005 and sentence imposed on March 30, 2005. ENDORSEMENT [1] In our view, it was open to the trial judge to reject the appellant’s evidence about the alleged assaults by the officer. The trial judge not only had the advantage of the videotape statement but the testimony of the officer and the appellant. We do not read his reasons as reversing the burden of proof or drawing an adverse inference from failure to call witnesses. Rather, the trial judge was of the view that as a matter of common sense the appellant’s version was improbable. It cannot be said that the inference was unreasonable. [2] As to the alleged inducements, while the trial judge’s reasons could have been clearer, we are satisfied that he found the inducements were not made. Accordingly, there was no reason for him to analyze whether, if they were made, they would have been sufficient to render the statement involuntary. [3] Accordingly, the appeal from conviction is dismissed. The appeal from sentence is dismissed as abandoned. Signed: “M. Rosenberg J.A.” “S.T. Goudge J.A.” “LaForme J.A.”