R. v. Veneziano
The appeal is dismissed because the appellant failed to show the trial judge completely disregarded relevant evidence; the trial judge permissibly found credibility issues arising from discrepancies about alcohol consumption and there was evidence to support the conviction.
Source-derived case information.
- Citation
- C29253
- Parties
- Appellant: Nick Veneziano; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 October 1999
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed.
- Legal Topics
- Credibility of Witness, Evaluation of Evidence, Alcohol Consumption Affecting Credibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nick Veneziano
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the trial judge completely disregarded relevant evidence
- 2 Whether discrepancies about the quantity of alcohol consumed affected the appellant's credibility
- 3 Whether there was evidence to support the conviction
Ratio Decidendi
The appeal is dismissed because the appellant failed to show the trial judge completely disregarded relevant evidence; the trial judge permissibly found credibility issues arising from discrepancies about alcohol consumption and there was evidence to support the conviction.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Veneziano Collection Decisions of the Court of Appeal Date 1999-10-08 Docket numbers C29253 Judges Catzman, Marvin Adrian; Charron, Louise Vivianne; Rosenberg, Marc Subject Criminal Decision Content DATE: 19991008 DOCKET: C29253 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. NICK VENEZIANO (Appellant) BEFORE: CATZMAN, CHARRON and ROSENBERG JJ.A. COUNSEL: Diane Oleskiw, for the appellant Catherine Cooper, for the respondent HEARD: October 5, 1999 On appeal from his conviction by His Honour Judge R. A. Mindard on June 10, 1997 ENDORSEMENT [1] To succeed on this appeal, the appellant must show that the trial judge completely disregarded relevant evidence. We are not persuaded that has been demonstrated in this case. It was open to the trial judge to find that there was a discrepancy between the appellant and his witness as to the number of bottles of wine being consumed and that this affected his credibility. On the appellant’s own evidence he had consumed a substantial quantity of alcohol and we agree with the summary conviction appeal court that there was evidence to support the conviction. [2] Accordingly, the appeal is dismissed.