R. v. McLean
The Court held the trial judge did not err in rejecting the appellant's evidence nor in any alleged shifting of the burden of proof; the verdict was reasonable and supported by evidence, and the sentencing judge did not err in principle regarding conditional sentencing and imposed a fit sentence. Accordingly both...
Source-derived case information.
- Citation
- C37278
- Parties
- Appellant: Dalster McLean; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 September 2003
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence to the Court of Appeal
- Outcome
- The appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal against sentence is dismissed.
- Legal Topics
- Conviction Appeal, Credibility and Burden of Proof, Sentence Appeal, Conditional Sentence, Appellate Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalster McLean
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence to the Court of Appeal
Legal Issues
- 1 Whether the trial judge erred in rejecting the appellant's evidence
- 2 Whether the trial judge improperly shifted the burden of proof to the appellant
- 3 Whether the verdict was unreasonable
Ratio Decidendi
The Court held the trial judge did not err in rejecting the appellant's evidence nor in any alleged shifting of the burden of proof; the verdict was reasonable and supported by evidence, and the sentencing judge did not err in principle regarding conditional sentencing and imposed a fit sentence. Accordingly both the conviction and sentence appeals failed.
Court Disposition
The appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal against sentence is dismissed.
Orders
- Appeal against conviction dismissed
- Leave to appeal against sentence granted
Full Case Text
Judgment text and source record
1 paragraphs
R. v. McLean Collection Decisions of the Court of Appeal Date 2003-09-08 Docket numbers C37278 Judges Catzman, Marvin Adrian; Abella, Rosalie Silberman; Gillese, Eileen E. Subject Criminal Decision Content DATE: 20030908 DOCKET: C37278 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– DALSTER McLEAN (Appellant) BEFORE: CATZMAN, ABELLA and GILLESE JJ.A. COUNSEL: Joseph Wilkinson for the appellant Benita Wassenaar for the respondent HEARD & ENDORSED: September 8, 2003 On appeal from conviction entered by Justice Peter A.J. Harris of the Ontario Court of Justice dated May 11, 2001 and from the sentence imposed by Justice Harris dated September 10, 2001. APPEAL BOOK ENDORSEMENT [1] With respect to the conviction appeal, we see no error in the trial judge's rejection of the appellant's evidence. His reasons reflect a careful analysis of the circumstances surrounding the offence and his findings are supported in the evidence he chose to accept. There was no improper shifting of the burden of proof to the appellant. The verdict was not unreasonable, and there was ample support in the evidence for the conclusion the trial judge reached. [2] With respect to the sentence appeal, reading the reasons for sentence as a whole, we do not agree that the trial judge considered that it would be an error in principle to impose a conditional sentence. For the reasons he gave, the sentence he imposed was fit and is not one with which this court can appropriately interfere. [3] The appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal against sentence is dismissed.