R. v. Powell
The appeal fails because it only challenges the trial judge's factual and credibility findings without identifying any legal or reviewable error; appellate deference to the trial judge's findings requires dismissal of the appeal.
Source-derived case information.
- Citation
- 2018 ONCA 131
- Parties
- Respondent: Her Majesty the Queen; Appellant: Derek Powell
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2018
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Credibility, Conviction, Sentence, Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Derek Powell
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in assessing witness credibility
- 2 Whether the appellate court should overturn the conviction based on asserted factual errors
- 3 Whether the sentence should be disturbed on appeal
Ratio Decidendi
The appeal fails because it only challenges the trial judge's factual and credibility findings without identifying any legal or reviewable error; appellate deference to the trial judge's findings requires dismissal of the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Powell Collection Decisions of the Court of Appeal Date 2018-02-09 Neutral citation 2018 ONCA 131 Docket numbers C55866 Judges MacPherson, James C.; Huscroft, Grant; Trotter, Gary T. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Powell, 2018 ONCA 131 DATE: 20180209 DOCKET: C55866 MacPherson, Huscroft and Trotter JJ.A. BETWEEN Her Majesty the Queen Respondent and Derek Powell Appellant Derek Powell, appearing in person Grace Choi, for the respondent Heard: February 5, 2018 On appeal from the conviction entered on January 25, 2011 and the sentence imposed on July 11, 2012 by Justice Margaret P. Eberhard of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant makes a lengthy submission that does nothing more than attack the factual findings of the trial judge. He calls the principal witnesses, the complainant and her mother, liars and challenges the professional integrity of the Barrie Police and the prosecutor. [2] There is no merit in any of this. The appeal is dismissed.