R. v. Verdon
The trial judge's credibility findings were open on the evidence, the missing portions of the transcript did not prejudice the appellant's grounds of appeal, and the conviction for assault by gesture was supported by the evidence, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2012 ONCA 638
- Parties
- Respondent: Her Majesty the Queen; Appellant: Jeffrey Wesley Verdon
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 September 2012
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Credibility of Witness, Assault by Gesture, Trial Record Completeness, 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
Respondent
Jeffrey Wesley Verdon
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the trial judge erred in her findings of credibility
- 2 Whether missing portions of the trial transcript rendered the trial unfair
- 3 Whether the offence of assault by gesture was proved on the evidence
Ratio Decidendi
The trial judge's credibility findings were open on the evidence, the missing portions of the transcript did not prejudice the appellant's grounds of appeal, and the conviction for assault by gesture was supported by the evidence, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Three convictions upheld.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Verdon Collection Decisions of the Court of Appeal Date 2012-09-25 Neutral citation 2012 ONCA 638 Docket numbers C53087 Judges O’Connor, Dennis; Weiler, Karen Merle Magnuson; Hoy, Alexandra Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Verdon, 2012 ONCA 638 DATE: 20120925 DOCKET: C53087 O’Connor A.C.J.O., Weiler and Hoy JJ.A. BETWEEN Her Majesty the Queen Respondent and Jeffrey Wesley Verdon Appellant Michael Dineen, as duty counsel Jeffrey Wesley Verdon, appearing in person Rosella Cornaviera, for the respondent Heard and released orally: September 10, 2012 On appeal from the conviction entered on June 23, 2010 by Justice H. Perkins-McVey of the Ontario Court of Justice. ENDORSEMENT [1] The appellant’s main complaint about the three convictions under appeal is that the trial judge erred in making her findings of credibility. As the trial judge pointed out, there were problems with the complainant’s credibility. Indeed, the trial judge dismissed a number of charges because of those problems. That said, it was open to the trial judge to accept some of the complainant’s evidence. The appellant’s arguments would have us in effect retry the charges on which she convicted. That is not our function. In our view, the trial judge carefully considered the relevant evidence and made findings open to her on the basis of that evidence. [2] We are aware of the argument that some parts of the evidence on the first day of this four-day trial were not adequately recorded and transcribed. However, we are not satisfied that the missing portions affected any of the appellant’s grounds of appeal. We see no unfairness in the trial judge’s reliance on the fact that the 911 call was made on September 5, 2009. [3] Finally, as to the assault by gesture charge, we are of the view that it was open to the trial judge on the basis of the appellant’s and Mr. Kempster’s evidence to conclude that the offence had been made out. [4] In the result, the appeal is dismissed. “D. O’Connor A.C.J.O.” “K.M. Weiler J.A.” “Alexandra Hoy J.A.”