R. v. Marsales
The trial judge’s findings of fact were not unreasonable; on those findings the certificates were admissible, and the judge properly referenced and applied the W.D. principle to the facts, therefore the appeals are dismissed.
Source-derived case information.
- Citation
- 2012 ONCA 456
- Parties
- Respondent: Her Majesty the Queen; Appellant: John D. Marsales; Appellant: Jonathan David R. Marsales
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 June 2012
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal)
- Outcome
- Appeals dismissed; convictions affirmed.
- Legal Topics
- Admissibility of Certificates, Application of W.d. Principle, Standard of Review of Findings of Fact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
John D. Marsales
Appellant
Jonathan David R. Marsales
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal)
Legal Issues
- 1 Whether the trial judge’s factual findings rendered the certificates admissible
- 2 Whether the trial judge correctly applied the W.D. principle to the facts as found
- 3 Whether the trial judge’s findings of fact were unreasonable
Ratio Decidendi
The trial judge’s findings of fact were not unreasonable; on those findings the certificates were admissible, and the judge properly referenced and applied the W.D. principle to the facts, therefore the appeals are dismissed.
Court Disposition
Appeals dismissed; convictions affirmed.
Orders
- Appeals dismissed
- Convictions entered October 15, 2010 by Justice Lalonde of the Ontario Court of Justice are affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Marsales Collection Decisions of the Court of Appeal Date 2012-06-27 Neutral citation 2012 ONCA 456 Docket numbers C52881 Judges Doherty, David H.; Watt, David; Hoy, Alexandra Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Marsales, 2012 ONCA 456 DATE: 20120626 DOCKET: C52881 Doherty, Watt and Hoy JJ.A. BETWEEN Her Majesty the Queen Respondent and John D. Marsales and Jonathan David R. Marsales Appellants Charles Wagman, for the appellants Sarah Shaikh, for the respondent Heard: June 22, 2012 On appeal from the conviction entered on October 15, 2010 by Justice Lalonde of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] On the admissibility of the certificates point, we are satisfied that the trial judge’s findings of fact were not unreasonable. On these findings, the certificates were clearly admissible. [2] With respect to the W.D. point, we find that the reasons were thorough and well thought out. They include a specific and correct reference to W.D. and an application of that principle to the facts as found by the trial judge. [3] The appeals are dismissed.