R. v. Vattiata
The fresh evidence was irrelevant and therefore inadmissible; there was no error in the lower court's reasons; the appeal is dismissed.
Source-derived case information.
- Citation
- 2007 ONCA 251
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: GASPARE VATTIATA
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 April 2007
- Procedural Posture
- Criminal / Appeal to Court of Appeal From Summary Conviction Appeal Dismissal
- Outcome
- Appeal dismissed.
- Legal Topics
- Fresh Evidence, Admissibility, Appeal, Summary Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
HER MAJESTY THE QUEEN
Respondent
GASPARE VATTIATA
Appellant
Procedural Posture
Criminal / Appeal to Court of Appeal From Summary Conviction Appeal Dismissal
Legal Issues
- 1 Whether the fresh evidence was admissible
- 2 Whether the lower court erred in dismissing the appeal
- 3 Whether the appeal should be allowed
Ratio Decidendi
The fresh evidence was irrelevant and therefore inadmissible; there was no error in the lower court's reasons; the appeal is dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Fresh evidence found irrelevant and inadmissible.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Vattiata Collection Decisions of the Court of Appeal Date 2007-04-10 Neutral citation 2007 ONCA 251 Docket numbers C40912 Judges Moldaver, Michael James; Gillese, Eileen E.; LaForme, Harry Smith Subject Criminal Decision Content CITATION: R. v. Vattiata, 2007 ONCA 251 DATE: 20070405 DOCKET: C40912 COURT OF APPEAL FOR ONTARIO MOLDAVER, GILLESE and LaFORME JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and GASPARE VATTIATA Appellant Howard Lastman, amicas curia, for the appellant Eliott Behar for the respondent Heard & Endorsed: March 30, 2007 On appeal from the order of Justice Ian Nordheimer of the Superior Court of Justice, sitting as a summary appeal court judge, dated October 14, 2003, dismissing the appeal from conviction by Justice D. G. Hackett of the Ontario Court of Justice, dated August 6, 1998. APPEAL BOOK ENDORSEMENT [1] The fresh evidence is irrelevant and therefore inadmissible. We see no error in the reasons of Nordheimer J. The appeal is dismissed.