R. v. Broome
The Court dismissed the appeals because the trial judge properly accepted the daughter’s evidence as corroboration, validly disbelieved the accused’s claim of lack of awareness in light of the relationship and evidence, and correctly found that the appellant’s existence/alibi did not raise a reasonable doubt;...
Source-derived case information.
- Citation
- 2009 ONCA 271
- Parties
- Appellant: Dale Emerson Broome; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 30 March 2009
- Procedural Posture
- Criminal Appeal / Appeal From Convictions and Sentence to Court of Appeal
- Outcome
- Appeal dismissed; convictions upheld; leave to appeal sentence denied
- Legal Topics
- Corroboration, Credibility, Reasonable Doubt, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dale Emerson Broome
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal From Convictions and Sentence to Court of Appeal
Legal Issues
- 1 Whether the daughter’s evidence could properly corroborate the complainant’s account that the mother was pushed down the stairs
- 2 Whether the trial judge erred in rejecting the accused’s assertion that he acted without awareness he was assaulting the complainant given their past relationship
- 3 Whether the appellant’s existence/alibi raised a reasonable doubt sufficient to overturn conviction
Ratio Decidendi
The Court dismissed the appeals because the trial judge properly accepted the daughter’s evidence as corroboration, validly disbelieved the accused’s claim of lack of awareness in light of the relationship and evidence, and correctly found that the appellant’s existence/alibi did not raise a reasonable doubt; therefore the convictions stand and there is no basis to alter sentence.
Court Disposition
Appeal dismissed; convictions upheld; leave to appeal sentence denied
Orders
- Conviction appeals dismissed.
- Leave to appeal sentence denied.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Broome Collection Decisions of the Court of Appeal Date 2009-03-30 Neutral citation 2009 ONCA 271 Docket numbers C48056 Judges Goudge, Stephen Thomas; Cronk, Eleanore Ann; LaForme, Harry Smith Subject Criminal Decision Content CITATION: R. v. Broome, 2009 ONCA 271 DATE: 20090327 DOCKET: C48056 COURT OF APPEAL FOR ONTARIO Goudge, Cronk and LaForme JJ.A. BETWEEN: Her Majesty the Queen Respondent and Dale Emerson Broome Appellant Howard L. Krongold, for the appellant Linda A. Shin, for the respondent Heard and endorsed: March 25, 2009 On appeal from the conviction entered by Justice W. J. Lloyd Brennan of the Superior Court of Justice dated September 6, 2007 and from the sentence imposed by Justice Brennan dated November 23, 2007. APPEAL BOOK ENDORSEMENT [1] The appellant challenges three of his convictions. [2] As to the first conviction, there was no error in the trial judge accepting the daughter’s evidence that she saw her mother pushed down the stairs as corroboration of the complainant’s evidence. [3] The appeal of this conviction fails. [4] As to the second conviction, given their past relationship the trial judge could properly disbelieve the accused’s evidence that he acted without knowing he was assaulting the complainant. The appeal of this conviction also fails. [5] As to the third conviction the trial judge correctly recited the appellant’s existence, and properly found it did not raise a reasonable doubt. This appeal fails as well. [6] Given that all convictions stand the appellant advances no basis for altering the sentence. In our view there is none. [7] The conviction appeals are dismissed. Leave to appeal sentence is denied.