R. v. Przywala
The appeal was dismissed because the Court concluded that allowing the Crown to advance an alternative theory based on the appellant's statement was not unfair and remained within the scope of the information, and the trial judge's factual finding that the assault objectively created a risk of bodily harm was a...
Source-derived case information.
- Citation
- 2009 ONCA 227
- Parties
- Respondent: Her Majesty the Queen; Appellant: Tadeusz Przywala
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 March 2009
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Alternative Theory of Liability, Objective Risk of Bodily Harm, Trial Fairness, Scope of the Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Tadeusz Przywala
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether allowing the Crown to advance an alternative theory of liability based on the appellant's statement was unfair to the appellant
- 2 Whether the alternative theory took the Crown's allegations outside the scope of the transaction described in the information
- 3 Whether the trial judge reasonably concluded the appellant's assault objectively created a risk of bodily harm
Ratio Decidendi
The appeal was dismissed because the Court concluded that allowing the Crown to advance an alternative theory based on the appellant's statement was not unfair and remained within the scope of the information, and the trial judge's factual finding that the assault objectively created a risk of bodily harm was a reasonable exercise of judgment.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Conviction and sentence affirmed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Przywala Collection Decisions of the Court of Appeal Date 2009-03-13 Neutral citation 2009 ONCA 227 Docket numbers C43852 Judges Doherty, David H.; Feldman, Kathryn N.; Cronk, Eleanore Ann Subject Criminal Decision Content CITATION: R. v. Przywala, 2009 ONCA 227 DATE: 20090313 DOCKET: C43852 COURT OF APPEAL FOR ONTARIO Doherty, Feldman and Cronk JJ.A. BETWEEN Her Majesty the Queen Respondent and Tadeusz Przywala Appellant Timothy E. Breen, for the appellant Karen Papadopoulos, for the respondent Heard: March 12, 2009 On appeal from the conviction entered by Justice P. Newton of the Ontario Court of Justice dated May 4, 2005 and the sentence imposed on July 7, 2005. APPEAL BOOK ENDORSEMENT [1] We are satisfied that the decision to allow the Crown to advance an alternative theory of liability based on the appellant’s statement was not unfair to the appellant. Nor did the alternative theory take the Crown’s allegations out of the scope of the transaction described in the charge in the information. [2] Having regard to the totality of the circumstances, we cannot say that the trial judge acted unreasonably in concluding that the appellant’s assault on the victim objectively considered created a risk of bodily harm. [3] The appeal is dismissed.