R. v. Taylor
The appeal is dismissed because the inescapable inference from the trial judge's reasons is that he accepted the Crown's theory that the appellant's wounds were inflicted during the parking lot assault and he accepted the complainant's testimony that the wounds were not caused by flying glass, so there was no...
Source-derived case information.
- Citation
- 2015 ONCA 35
- Parties
- Respondent: Her Majesty the Queen; Appellant: Renardo Desmond Taylor
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 January 2015
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Aggravated Assault, Causation, Trial Findings, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Renardo Desmond Taylor
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the trial judge failed to make a finding of causation for the appellant's wounds
- 2 Whether the wounds were caused during the parking lot swarming or by flying glass
Ratio Decidendi
The appeal is dismissed because the inescapable inference from the trial judge's reasons is that he accepted the Crown's theory that the appellant's wounds were inflicted during the parking lot assault and he accepted the complainant's testimony that the wounds were not caused by flying glass, so there was no failure to find causation.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Conviction upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Taylor Collection Decisions of the Court of Appeal Date 2015-01-22 Neutral citation 2015 ONCA 35 Docket numbers C54181 Judges Laskin, John Ivan; LaForme, Harry Smith; Rouleau, Paul S. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Taylor, 2015 ONCA 35 DATE: 20150121 DOCKET: C54181 Laskin, LaForme and Rouleau JJ.A. BETWEEN Her Majesty the Queen Respondent and Renardo Desmond Taylor Appellant Chelsea Moore, for the appellant Michelle Campbell, for the respondent Heard: January 16, 2015 On appeal from the conviction entered on April 13, 2011 by Justice Francesco Valente of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant challenges his conviction for aggravated assault on the ground the trial judge failed to make a finding of causation – in other words, he did not make a finding on whether the appellant’s wounds were caused during the swarming in the parking lot or by the flying glass. [2] Although the trial judge did not make this specific finding the inescapable inference from his reasons is that the appellant was wounded in the parking lot assault. That was the Crown's theory and the trial judge accepted the Crown’s theory. Moreover, the complainant testified that he was not wounded by the flying glass and the trial judge accepted his evidence. [3] Accordingly, the appeal is dismissed.