R. v. MacDonald
The court found no palpable and overriding errors in the trial judge's evidentiary findings or application of law, and concluded the reasons met the Sheppard standards of accountability, intelligibility, adequacy and transparency; therefore the appeal is dismissed and the sentence appeal is dismissed as abandoned.
Source-derived case information.
- Citation
- 2019 ONCA 34
- Parties
- Respondent: Her Majesty the Queen; Appellant: Daniel MacDonald
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 January 2019
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed; sentence appeal dismissed as abandoned
- Legal Topics
- Conviction Appeal, Sentence Appeal, Evidentiary Findings, Judicial Reasons, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Daniel MacDonald
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge made palpable and overriding errors in evidentiary findings
- 2 Whether the trial judge made errors of law in her self-instructions
- 3 Whether the trial judge applied the law unevenly or engaged in uneven scrutiny of the parties' evidence
Ratio Decidendi
The court found no palpable and overriding errors in the trial judge's evidentiary findings or application of law, and concluded the reasons met the Sheppard standards of accountability, intelligibility, adequacy and transparency; therefore the appeal is dismissed and the sentence appeal is dismissed as abandoned.
Court Disposition
Appeal dismissed; sentence appeal dismissed as abandoned
Orders
- Appeal dismissed
- Sentence appeal dismissed as abandoned
Full Case Text
Judgment text and source record
1 paragraphs
R. v. MacDonald Collection Decisions of the Court of Appeal Date 2019-01-25 Neutral citation 2019 ONCA 34 Docket numbers C64792 Judges Simmons, Janet M.; Lauwers, Peter D.; Trotter, Gary T. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. MacDonald, 2019 ONCA 34 DATE: 20190118 DOCKET: C64792 Simmons, Lauwers and Trotter JJ.A. BETWEEN Her Majesty the Queen Respondent and Daniel MacDonald Appellant Vallery Bayly, for the respondent Ian McLean, for the appellant Heard: January 18, 2019 On appeal from the conviction entered on November 22, 2016, and the sentence imposed on September 15, 2017, by Justice L. Lacelle of the Superior Court of Justice, sitting without a jury. APPEAL BOOK ENDORSEMENT [1] The appellant seeks to retry the case in this court. Despite Mr. McLean’s able submissions, we are not persuaded that the trial judge made any palpable and overriding errors in her evidentiary findings, any errors of law in her careful self-instructions, nor any palpable and overriding errors in her application of the law to the facts. She did not engage in uneven scrutiny of the appellant’s evidence and the evidence of the complainant. [2] The reasons exemplify the principles of good reasons set out in R. v. Sheppard [2002] 1 SCR 869. The reasons demonstrated the virtues of accountability, intelligibility, adequacy and transparency. [3] The appeal is dismissed, and the sentence appeal is dismissed as abandoned. “P. Lauwers J.A.”