CITATION: R. v. Riddle, 2011 ONCA 275 |
DATE: 20110408 |
DOCKET: C51022 |
COURT OF APPEAL FOR ONTARIO |
Rosenberg, Juriansz and LaForme JJ.A. |
BETWEEN |
Her Majesty The Queen |
Respondent |
and |
James Riddle |
Appellant |
Brian Snell, for the appellant |
Tracy Kozlowski, for the respondent |
Heard and endorsed: April 5, 2011 |
On appeal from the decision of Justice Kenneth Pedlar of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated October 20, 2006, upholding the appellant’s conviction entered by Justice P. Megginson of the Ontario Court of Justice, dated April 25, 2005. |
APPEAL BOOK ENDORSEMENT |
[1] In our view, the verdict was not unreasonable. However, the trial judge not only did not mention the principles in W.(D.) but he did not apply that analysis and, for example, made no mention of the defence evidence that bore on the appellant’s culpability.
[2] Accordingly, the appeal is allowed, the conviction set aside and a new trial ordered on the charge of impaired operation.