R. v. Mammoliti
The trial judge provided clear and comprehensive reasons that satisfied the Sheppard standard and properly interpreted the elements of s.88 in a manner consistent with R. v. Kerr; therefore the conviction for possession of a weapon dangerous to the public peace is upheld and the appeal is dismissed.
Source-derived case information.
- Citation
- C42516
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: SALVATORE MAMMOLITI
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2005
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed; conviction upheld.
- Legal Topics
- Possession of Weapon Dangerous to the Public Peace, Sufficiency of Judicial Reasons (sheppard), Statutory Interpretation of S.88, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
SALVATORE MAMMOLITI
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the trial judge's reasons met the Sheppard sufficiency standard
- 2 Whether the trial judge erred in her interpretation of the elements of the offence in s.88
- 3 Whether the conviction for possession of a weapon dangerous to the public peace should be set aside
Ratio Decidendi
The trial judge provided clear and comprehensive reasons that satisfied the Sheppard standard and properly interpreted the elements of s.88 in a manner consistent with R. v. Kerr; therefore the conviction for possession of a weapon dangerous to the public peace is upheld and the appeal is dismissed.
Court Disposition
Appeal dismissed; conviction upheld.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Mammoliti Collection Decisions of the Court of Appeal Date 2005-03-15 Docket numbers C42516 Judges MacPherson, James C.; Cronk, Eleanore Ann; Whalen, Lawrence Subject Criminal Decision Content DATE: 20050315 DOCKET: C42516 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – SALVATORE MAMMOLITI (Appellant) BEFORE: MACPHERSON AND CRONK JJ.A. AND WHELAN J. (Ad Hoc) COUNSEL: David M. Muttart for the appellant Salvatore Mammoliti Eliott Behar for the Crown respondent HEARD & ENDORSED: March 14, 2005 On appeal from the conviction by Justice D. Austin of the Ontario Court of Justice dated July 28, 2004. APPEAL BOOK ENDORSEMENT [1] The appellant was acquitted of four charges and convicted of the single offence of possession of a weapon dangerous to the public peace. He appeals the conviction on two bases: (1) the trial judge’s reasons do not comply with the sufficiency standard enunciated in R. v. Sheppard, [2002] 1 S.C.R. 869, either with respect to the evidence accepted by the trial judge or the basis for her decision, and (2) the trial judge erred in her interpretation of the elements of the offence in s. 88. [2] We do not agree with the appellant’s submissions. On the Sheppard issue, the trial judge’s reasons were clear and comprehensive on all issues, including the s. 88 offence. With respect to the substantive interpretation of s. 88, in our view the trial judge’s reasons are consistent with the analysis of the Supreme Court of Canada in R. v. Kerr, [2004] 2 S.C.R. 371. Accordingly, the appeal is dismissed.