R. v. Taylor
The Court held that the evidence justified the trial judge's inferences regarding speed and road position, which provided a strong basis for the dangerous driving conviction, and that the trial judge properly considered and lawfully rejected a conditional sentence; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- C42374
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: MICHAEL ROSS TAYLOR
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 September 2006
- Procedural Posture
- Criminal / Court of Appeal — Appeal From Conviction and Sentence (conviction Entered May 28, 2004; Sentence Imposed Sept 9, 2004)
- Outcome
- Appeal dismissed; conviction and sentence upheld.
- Legal Topics
- Dangerous Driving, Sentence, Conditional Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
HER MAJESTY THE QUEEN
Respondent
MICHAEL ROSS TAYLOR
Appellant
Procedural Posture
Criminal / Court of Appeal — Appeal From Conviction and Sentence (conviction Entered May 28, 2004; Sentence Imposed Sept 9, 2004)
Legal Issues
- 1 Whether the trial judge could properly infer the speed and road position of the appellant's vehicle from the evidence
- 2 Whether those inferences provided a sufficient basis to convict for dangerous driving
- 3 Whether the trial judge erred in refusing to impose a conditional sentence
Ratio Decidendi
The Court held that the evidence justified the trial judge's inferences regarding speed and road position, which provided a strong basis for the dangerous driving conviction, and that the trial judge properly considered and lawfully rejected a conditional sentence; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed; conviction and sentence upheld.
Orders
- Appeal dismissed
- Conviction for dangerous driving affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Taylor Collection Decisions of the Court of Appeal Date 2006-09-11 Docket numbers C42374 Judges Doherty, David H.; Laskin, John Ivan; Borins, Stephen Subject Criminal Decision Content DATE: 20060908 DOCKET: C42374 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. MICHAEL ROSS TAYLOR (Appellant/Applicant) BEFORE: DOHERTY, LASKIN and BORINS JJ.A. COUNSEL: Steven Stauffer for the appellant/applicant Joseph Perfetto for the respondent HEARD & ENDORSED: September 6, 2006 On appeal from the conviction entered by Justice De Filippis of the Ontario Court of Justice dated May 28, 2004 and the sentence imposed dated September 9, 2004. APPEAL BOOK ENDORSEMENT [1] The evidence offered ample justification for the inferences drawn by the trial judge as to the speed and location on the road of the appellant’s vehicle. Those inferences provided a strong basis for the conviction on the charge of dangerous driving. The conviction appeal is dismissed. [2] The trial judge gave careful consideration to the imposition of a conditional sentence. He ultimately rejected that option and gave reasons for so doing (see para. 14 of his reasons). We see no error in his reasons or disposition. [3] The appeal is dismissed.