R. v. Ambrose
Read as a whole, the trial judge's reasons adequately reviewed the evidence and set out the findings of fact necessary to support the inference that the appellant was either the shooter or a party; no error was shown in the assessment of evidence and the sentence was fit, so the conviction appeal and sentence appeal...
Source-derived case information.
- Citation
- 2022 ONCA 461
- Parties
- Respondent: Her Majesty the Queen; Appellant: Everton Ambrose
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 June 2022
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Conviction appeal dismissed; leave to appeal sentence allowed; sentence appeal dismissed.
- Legal Topics
- Appeal, Conviction, Sentence, Findings of Fact, Assessment of Evidence, Party Liability, Drive by Shooting
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Everton Ambrose
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge failed to make necessary findings of fact to support the inference that the appellant was the shooter or a party
- 2 Whether the trial judge erred in assessing the evidence
- 3 Whether the sentence imposed was fit and reasonable
Ratio Decidendi
Read as a whole, the trial judge's reasons adequately reviewed the evidence and set out the findings of fact necessary to support the inference that the appellant was either the shooter or a party; no error was shown in the assessment of evidence and the sentence was fit, so the conviction appeal and sentence appeal are dismissed (leave to appeal sentence allowed).
Court Disposition
Conviction appeal dismissed; leave to appeal sentence allowed; sentence appeal dismissed.
Orders
- Conviction appeal dismissed.
- Leave to appeal from sentence granted.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ambrose Collection Decisions of the Court of Appeal Date 2022-06-13 Neutral citation 2022 ONCA 461 Docket numbers C69935 Judges Fairburn, J. Michal; MacPherson, James C.; Harvison Young, Alison Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Ambrose, 2022 ONCA 461 DATE: 20220613 DOCKET: C69935 Fairburn A.C.J.O., MacPherson and Harvison Young JJ.A. BETWEEN Her Majesty the Queen Respondent and Everton Ambrose Appellant Everton Ambrose, appearing in person J. Scott Cowan, appearing as duty counsel Philippe Cowle, for the respondent Heard and released orally: June 9, 2022 On appeal from the conviction entered on July 5, 2021, with reasons at 2021 ONSC 4751, and the sentence imposed on September 23, 2021 by Justice Robert L. Maranger of the Superior Court of Justice. REASONS FOR DECISION [1] The appellant appeals from both conviction and sentence. [2] This matter arises from a drive-by shooting, during which shots from two different firearms were discharged. [3] On the conviction appeal, the appellant argues that the trial judge erred in failing to make the findings of fact necessary to support the inference that Mr. Ambrose was either the shooter or a party. We disagree. [4] Read as a whole, the trial judge’s reasons carefully reviewed the evidence, and stated clearly what the evidence was that he accepted and rejected. These findings amply support the conclusion that the appellant was either the shooter or a party. [5] The appellant also argues that trial judge erred in assessing the evidence. We see no error. [6] Nor has the appellant pointed to any error in the sentence imposed, which was entirely fit and reasonable in the circumstances. [7] The conviction appeal is dismissed. Leave to appeal from sentence is allowed, but the sentence appeal is dismissed. “Fairburn A.C.J.O.” “J.C. MacPherson J.A.” “A. Harvison Young J.A.”