R. v. Szabo
The Court found no error of law: the trial judge's reasons met the Sheppard functional adequacy test and the W.D. principles were correctly applied to the facts, so the Court dismissed the appeal.
Source-derived case information.
- Citation
- C44349
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: STEPHEN SZABO
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 April 2006
- Procedural Posture
- Criminal / Appeal From Order of the Ontario Court of Justice Dated September 30, 2005; Leave to Appeal Considered by Court of Appeal
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Adequacy of Reasons, Summary Conviction Appeal, Leave to Appeal, Application of Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
STEPHEN SZABO
Appellant
Procedural Posture
Criminal / Appeal From Order of the Ontario Court of Justice Dated September 30, 2005; Leave to Appeal Considered by Court of Appeal
Legal Issues
- 1 Whether the trial judge's reasons met the functional test for adequacy set out in Sheppard
- 2 Whether the trial judge erred in applying the principles in W.D. to the facts
- 3 Whether there was an error of law warranting appellate intervention
Ratio Decidendi
The Court found no error of law: the trial judge's reasons met the Sheppard functional adequacy test and the W.D. principles were correctly applied to the facts, so the Court dismissed the appeal.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Szabo Collection Decisions of the Court of Appeal Date 2006-04-21 Docket numbers C44349 Judges McMurtry, Roy; Doherty, David H.; Cronk, Eleanore Ann Subject Criminal Decision Content DATE: 20060421 DOCKET: C44349 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – STEPHEN SZABO (Appellant) BEFORE: MCMURTRY C.J.O., DOHERTY and CRONK JJ.A. COUNSEL: Michael Peterson for the appellant M. Ragsdale for the respondent HEARD & ENDORSED: April 21, 2006 On appeal from the order of Madam Justice C.A. Tucker of the Ontario Court of Justice dated September 30, 2005. APPEAL BOOK ENDORSEMENT [1] We see no error of law in the Summary Conviction Appeal Court Judge’s conclusion that the reasons of the Trial Judge met the requirement of the “functional test for adequacy of reasons” set out in Sheppard or in her conclusion that the trial judge did not err in his application of the principles in W.D. to the facts of this case. [2] Leave to appeal is granted but the appeal is dismissed.