R. v. Arcuri
The committing judge properly instructed himself and applied binding precedents (Monteleone and Shephard); he made no jurisdictional error in the committal process, so Tobias J.'s denial of certiorari was correct and the appeal is dismissed.
Source-derived case information.
- Citation
- C31545
- Parties
- Respondent: Her Majesty the Queen; Appellant: Giacinto Arcuri
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 January 2000
- Procedural Posture
- Criminal / Appeal From Denial of Application for Certiorari Following Committal to Trial on a Charge of Second Degree Murder
- Outcome
- Appeal dismissed
- Legal Topics
- Committal Hearing, Certiorari, Assessment of Credibility, Precedent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Giacinto Arcuri
Appellant
Procedural Posture
Criminal / Appeal From Denial of Application for Certiorari Following Committal to Trial on a Charge of Second Degree Murder
Legal Issues
- 1 Whether the committing judge erred by assessing witness credibility at the committal hearing
- 2 Whether certiorari was available to quash the committal order for jurisdictional error
Ratio Decidendi
The committing judge properly instructed himself and applied binding precedents (Monteleone and Shephard); he made no jurisdictional error in the committal process, so Tobias J.'s denial of certiorari was correct and the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Order of Tobias J. denying certiorari is affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Arcuri Collection Decisions of the Court of Appeal Date 2000-01-14 Docket numbers C31545 Judges Finlayson, George Duncan; Weiler, Karen Merle Magnuson; Sharpe, Robert J. Subject Criminal Decision Content DATE: 20000114 DOCKET: C31545 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– GIACINTO ARCURI (Appellant) BEFORE: FINLAYSON, WEILER and SHARPE JJ.A. COUNSEL: Joseph L. Bloomenfeld, for the appellant Feroza Bhabha, for the respondent HEARD: January 11, 2000 On appeal from the judgment of Tobias J. dated January 26, 1999 dismissing the application for certiorari seeking to quash the decision of Lampkin J. committing the appellant to trial on a charge of second degree murder. ENDORSEMENT [1] The committing judge expressly instructed himself as to his function relying upon Monteleone v. The Queen (1987), 35 C.C.C. (3d) (S.C.C.) 193 and United States v. Shephard (1976), 30 C.C.C. 424 (S.C.C.). These cases are still good law. The dissenting reasons of McLachlin J. in R. v. Charemski (1998), 123 C.C.C. (3d) 225 (S.C.C.) at 237 specifically state that the trial judge is not to assess the credibility of witnesses.. [2] Accordingly, the committing judge made no jurisdictional error and Tobias J. was correct in denying the appellant the remedy of certiorari. The appeal is dismissed. Signed: “G.D. Finlayson J.A.” “K.M. Weiler J.A.” “Robert J. Sharpe J.A.”