R. v. Leeson
The appeal was dismissed because there was no basis to find the officer's evidence unreliable; the trial judge's credibility findings were not palpably and overridingly erroneous.
Source-derived case information.
- Citation
- 2009 ONCA 185
- Parties
- Respondent: Her Majesty the Queen; Appellant: Craig Leeson
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 March 2009
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed.
- Legal Topics
- Credibility of Witnesses, Reliability of Police Evidence, Standard of Appellate Review, Trial Judge Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Craig Leeson
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether there was a basis to find the arresting officer's evidence unreliable
- 2 Whether the conviction should be overturned on appeal given the trial judge's credibility findings
Ratio Decidendi
The appeal was dismissed because there was no basis to find the officer's evidence unreliable; the trial judge's credibility findings were not palpably and overridingly erroneous.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed
- Conviction upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Leeson Collection Decisions of the Court of Appeal Date 2009-03-02 Neutral citation 2009 ONCA 185 Docket numbers C48801 Judges O’Connor, Dennis; Rosenberg, Marc; Goudge, Stephen Thomas Subject Criminal Decision Content CITATION: R. v. Leeson, 2009 ONCA 185 DATE: 20090227 DOCKET: C48801 COURT OF APPEAL FOR ONTARIO O’Connor A.C.J.O., Rosenberg and Goudge JJ.A. BETWEEN: Her Majesty the Queen Respondent and Craig Leeson Appellant Michael Dineen, for the appellant Milica Potrebic, for the respondent Heard: February 26, 2009 On appeal from the conviction entered by Justice R. Gordon of the Superior Court of Justice dated March 18, 2008. APPEAL BOOK ENDORSEMENT [1] We agree with the reasons of the trial judge that there was no basis to find the officer’s evidence unreliable. [2] The appeal is dismissed.