R. v. Cousineau
Leave was refused because the Summary Conviction Appeal Court correctly identified and applied the applicable legal principles, accepted the factual findings as reasonable, and the matter raised no legal controversy beyond the case’s specific facts.
Source-derived case information.
- Citation
- 2010 ONCA 461
- Parties
- Appellant: Her Majesty the Queen; Respondent: Yvon Cousineau
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 June 2010
- Procedural Posture
- Criminal Appeal (summary Conviction) / Application for Leave to Appeal to Court of Appeal
- Outcome
- Leave to appeal refused
- Legal Topics
- Acquittal, Summary Conviction Appeal, Leave to Appeal, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Yvon Cousineau
Respondent
Procedural Posture
Criminal Appeal (summary Conviction) / Application for Leave to Appeal to Court of Appeal
Legal Issues
- 1 Whether the Summary Conviction Appeal Court erred in affirming the acquittal
- 2 Whether there exists a legal issue of general importance warranting leave to appeal
Ratio Decidendi
Leave was refused because the Summary Conviction Appeal Court correctly identified and applied the applicable legal principles, accepted the factual findings as reasonable, and the matter raised no legal controversy beyond the case’s specific facts.
Court Disposition
Leave to appeal refused
Orders
- Leave to appeal refused
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Cousineau Collection Decisions of the Court of Appeal Date 2010-06-22 Neutral citation 2010 ONCA 461 Docket numbers C51247 Judges Doherty, David H.; Cronk, Eleanore Ann; Watt, David Subject Criminal Decision Content CITATION: R. v. Cousineau, 2010 ONCA 461 DATE: 20100622 DOCKET: C51247 COURT OF APPEAL FOR ONTARIO Doherty, Cronk and Watt JJ.A. BETWEEN Her Majesty the Queen Applicant (Appellant) and Yvon Cousineau Respondent David Friesen, for the appellant Yvon Cousineau, appearing in person Heard: June 18, 2010 On appeal from the order of Justice David Nadeau of the Superior Court of Justice, dated October 13, 2009. APPEAL BOOK ENDORSEMENT [1] The respondent was acquitted at trial and the Summary Conviction Appeal Court judge dismissed the Crown appeal. The Summary Conviction Appeal Court judge properly identified the applicable legal principles. He then accepted the relevant factual findings as reasonable and affirmed the acquittal entered at trial. [2] The decision of the Summary Conviction Appeal Court turns on the specific facts of this case. It raises no legal controversy outside of the facts of this case. We are not satisfied that this is a case for leave to appeal [3] Leave is refused.