R. v. Carlini
The Court held that the trial judge and the lower appellate judge adequately treated the contested evidence, accepted the appellant's admissions to police as dispositive, and therefore there was no requirement for a separate W.(D.) analysis of the minor issue; no reasonable doubt was established and the appeal was...
Source-derived case information.
- Citation
- 2013 ONCA 590
- Parties
- Respondent: Her Majesty the Queen; Appellant: Giovanni Carlini
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 30 September 2013
- Procedural Posture
- Criminal Summary Conviction Appeal / Court of Appeal Hearing From Summary Conviction Appeal
- Outcome
- Appeal dismissed; conviction upheld
- Legal Topics
- Admissions to Police, Credibility Assessment, W.(d.) Analysis, Reasonable Doubt, Summary Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Giovanni Carlini
Appellant
Procedural Posture
Criminal Summary Conviction Appeal / Court of Appeal Hearing From Summary Conviction Appeal
Legal Issues
- 1 Whether the trial judge failed to consider the complainant's evidence about a shaved pubic area and whether that omission could have raised a reasonable doubt
- 2 Whether the trial judge properly relied on the appellant's admissions to police as proving the case
- 3 Whether a separate W.(D.) credibility analysis was required for a minor part of testimony
Ratio Decidendi
The Court held that the trial judge and the lower appellate judge adequately treated the contested evidence, accepted the appellant's admissions to police as dispositive, and therefore there was no requirement for a separate W.(D.) analysis of the minor issue; no reasonable doubt was established and the appeal was dismissed.
Court Disposition
Appeal dismissed; conviction upheld
Orders
- Appeal dismissed
- Conviction upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Carlini Collection Decisions of the Court of Appeal Date 2013-09-30 Neutral citation 2013 ONCA 590 Docket numbers C53935 Judges Rosenberg, Marc; Tulloch, Michael H.; Lauwers, Peter D. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Carlini, 2013 ONCA 590 DATE: 20130926 DOCKET: C53935 Rosenberg, Tulloch and Lauwers JJ.A. BETWEEN Her Majesty the Queen Respondent and Giovanni Carlini Appellant Frank Miller, for the appellant Alison Wheeler, for the respondent Heard: September 18, 2013 On appeal from the decision of the Summary Convictions Appeal Court dated June 7, 2011 by Justice S. Rogin of the Superior Court of Justice, dismissing the appeal from the conviction entered on July 17, 2009 by Justice Sharman Bondy of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant’s submission is that the trial judge failed to consider Mrs. Carlini’s evidence about the shaved pubic area and this evidence, if accepted, could have raised a reasonable doubt. The trial judge was alive to this issue, even though it was not referred to in defence counsel’s submission. The appellant’s admission to the police was the heart of the Crown’s case and the trial judge accepted those admissions. They alone proved the case. By necessity, the trial judge had to have rejected the defence evidence. We are satisfied that the treatment of the evidence by the trial judge and by Rogin J. was adequate given the nature of the issues at the trial. There was no need to explicitly subject one minor part of the testimony to a separate W.(D.) analysis. [2] Accordingly, the appeal is dismissed.