R. v. Chadwick
Because the trial judge rejected the only evidence that the reel was thrown, there was no evidence to support the judge's finding that the appellant moved the hose and reel toward the complainant; the verdict was unreasonable and an error in law, so the appeal was allowed and an acquittal entered.
Source-derived case information.
- Citation
- C42578
- Parties
- Respondent: Her Majesty the Queen; Appellant: James Chadwick
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 April 2006
- Procedural Posture
- Summary Conviction Appeal (criminal) / Appeal to Court of Appeal (on Appeal From Summary Conviction Appeal Court)
- Outcome
- Appeal allowed; acquittal entered.
- Legal Topics
- Appeal, Conviction, Acquittal, Evidence Sufficiency, Reasonableness of Verdict
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
James Chadwick
Appellant
Procedural Posture
Summary Conviction Appeal (criminal) / Appeal to Court of Appeal (on Appeal From Summary Conviction Appeal Court)
Legal Issues
- 1 Whether the conviction was supported by evidence
- 2 Whether the verdict was unreasonable and an error in law
Ratio Decidendi
Because the trial judge rejected the only evidence that the reel was thrown, there was no evidence to support the judge's finding that the appellant moved the hose and reel toward the complainant; the verdict was unreasonable and an error in law, so the appeal was allowed and an acquittal entered.
Court Disposition
Appeal allowed; acquittal entered.
Orders
- Appeal allowed; acquittal entered.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Chadwick Collection Decisions of the Court of Appeal Date 2006-04-19 Docket numbers C42578 Judges Gillese, Eileen E.; Blair, Robert Ashley; LaForme, Harry Smith Subject Criminal Decision Content DATE: 20060419 DOCKET: C42578 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – JAMES CHADWICK (Appellant) BEFORE: GILLESE, BLAIR and LAFORME JJ.A. COUNSEL: Christopher D. Hicks and Anida Chiodo for the appellant Tracy Stapleton for the respondent HEARD & ENDORSED: April 7, 2006 On appeal from the decision of the summary conviction appeal court dated October 5, 2004 by Justice David Salmers of the Superior Court of Justice, dismissing the appeal from the conviction entered on November 29, 2002 and the sentence imposed on January 31, 2003 by Justice K. E. Johnson of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The trial judge rested Mr. Chadwick’s conviction on a finding that he “moved that hose and reel in the direction of Mr. Simpson”. However, the trial judge rejected Mr. Simpson’s evidence that Mr. Chadwick picked up the reel and threw it at him. Having rejected that evidence, there was no evidence upon which the trial judge could have found that Mr. Chadwick moved the hose and reel towards Mr. Simpson. The verdict is according unreasonable and constitutes and error in law. According, the appeal is allowed and an acquittal is entered.