R. c. Gaumond

R. c. Gaumond

The omission to cross-examine the complainant about Constable Burns' notes did not undermine the reliability of the verdict because the notes were summaries rather than formal prior statements, any differences did not create a reasonable doubt, the notes were before the trial judge via the constable's evidence,...

Source-derived case information.

Citation
C39080
Parties
Respondent: Her Majesty the Queen; Appellant: Denis Michel Gaumond
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 October 2006
Procedural Posture
Criminal Appeal / Appeal From Conviction and Application for Leave to Appeal Sentence
Outcome
Appeal dismissed; application for leave to appeal sentence denied
Legal Topics
Ineffective Assistance of Counsel, Prior Inconsistent Statements, Credibility of Complainant, Adequacy of Judicial Reasons, Leave to Appeal Sentence
Source Language
fr
Criminal Law Evidence Ineffective Assistance of Counsel Prior Inconsistent Statements Credibility of Complainant Adequacy of Judicial Reasons Leave to Appeal Sentence

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Parties

Her Majesty the Queen

Respondent

Denis Michel Gaumond

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Application for Leave to Appeal Sentence

  1. 1 Whether police notes taken by Constable Burns constituted a prior statement admissible for impeachment
  2. 2 Whether defence counsel was ineffective for failing to cross-examine the complainant about those notes
  3. 3 Whether any omission by counsel materially affected the reliability of the verdict or resulted in a miscarriage of justice

Ratio Decidendi

The omission to cross-examine the complainant about Constable Burns' notes did not undermine the reliability of the verdict because the notes were summaries rather than formal prior statements, any differences did not create a reasonable doubt, the notes were before the trial judge via the constable's evidence, additional corroborating evidence supported the conviction, and the trial judge's reasons were adequate; accordingly the appeal and the application for leave to appeal sentence were dismissed.

Court Disposition

Appeal dismissed; application for leave to appeal sentence denied

Orders

  • Appeal against conviction dismissed and application for leave to appeal sentence denied