R. v. Sherwood
The trial judge's reasons, including his rejection of the appellant's evidence, implicitly show he was satisfied the appellant had the requisite intent to threaten serious bodily harm; accordingly the appellate court dismissed the appeal.
Source-derived case information.
- Citation
- C42655
- Parties
- Respondent: Her Majesty the Queen; Appellant: Robert Kevin Sherwood
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 December 2004
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed; conviction upheld.
- Legal Topics
- Uttering Threats, Threats to Cause Serious Bodily Harm, Intent, Credibility of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Robert Kevin Sherwood
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the appellant possessed the requisite intent to commit the offence of uttering threats
- 2 Whether the appellate court should defer to the trial judge's credibility findings
Ratio Decidendi
The trial judge's reasons, including his rejection of the appellant's evidence, implicitly show he was satisfied the appellant had the requisite intent to threaten serious bodily harm; accordingly the appellate court dismissed the appeal.
Court Disposition
Appeal dismissed; conviction upheld.
Orders
- Appeal dismissed
- Conviction for uttering threats upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Sherwood Collection Decisions of the Court of Appeal Date 2004-12-15 Docket numbers C42655 Judges Rosenberg, Marc; Moldaver, Michael James; MacPherson, James C. Subject Criminal Decision Content DATE: 20041215 DOCKET: C42655 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – ROBERT KEVIN SHERWOOD (Appellant) BEFORE: ROSENBERG, MOLDAVER and MacPHERSON JJ.A. COUNSEL: Vincenzo Rondinelli for the appellant Robert Gattrell for the respondent HEARD & ENDORSED: December 15, 2004 On appeal from conviction for uttering threat to cause serious bodily harm by Justice M. O’Dea of the Ontario Court of Justice dated July 7, 2004. APPEAL BOOK ENDORSEMENT [1] Having regard to all of the facts and circumstances and bearing in mind the trial judge’s rejection of the appellant’s evidence, we think it is implicit in the trial judge’s reasons that he was satisfied that the appellant had the requisite intent required to commit the offence of threatening to cause serious bodily harm. Accordingly, we would dismiss the appeal.