COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Campoli, 2012 ONCA 89
DATE:: 20120208
DOCKET: C53459
Rosenberg, Juriansz and Rouleau JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Daniele Campoli
Appellant
Kirkor A. Apel, for the appellant
Dena Bonnet, for the respondent
Heard and released orally: February 3, 2012
On appeal from the decision of the Summary Conviction Appeal Court dated February 23, 2011 by Justice Myrna L. Lack of the Superior Court of Justice, setting aside the acquittal entered by Justice Kofi N. Barnes of the Ontario Court of Justice, dated February 20, 2009.
ENDORSEMENT
[1] While leave to appeal is granted, the appeal is dismissed. The appeal judge was mistaken as to when the police were first notified. However, that mistake was not material.
[2] As the appeal judge said, the error by the trial judge was in finding that the state conduct was unreasonable because there was ample time to take commission evidence. The police were under an obligation to properly investigate the allegation. There was nothing before the trial judge that indicated that the police delayed their investigation or acted unreasonably. Regrettably, the victim passed away shortly after the charge was laid. It is only in hindsight that it becomes apparent that greater efforts might have been made to bring an application for commission evidence. However, there is nothing in the record to show that the police or Crown counsel acted unreasonably. This was not a case where the exception referred to in R. v. Khelawon, [2006] SCC 57 at para. 104 applied.
[3] Accordingly the appeal is dismissed.
Signed: “M. Rosenberg J.A.”
“R. G. Juriansz J.A.”
“Paul Rouleau J.A.”