Failure to mention evidence not indicative of failure to consider testimony

Criminal Law – Appeals – Appeal from conviction or acquittal

Accused was convicted of dangerous driving causing death and related offences, in relation to fatal accident in which accused's passenger was killed. Accused claimed that trial judge misapprehended evidence, namely that of whether accused had been established as driver at time of accident. Accused also claimed that trial judge failed to consider evidence of his witness, which he claimed was relevant. Accused appealed from conviction only, having abandoned appeal from sentence. Appeal dismissed. Trial judge properly considered evidence, including testimony of surviving passenger and medical records, to establish accused as driver. Trial judge weighed evidence as whole properly. Failure to mention evidence which was not strongly in favour of accused's case, was not indicative of failure to consider this testimony.

R. v. Curry (2019), 2019 CarswellOnt 15114, 2019 ONCA 754, Grant Huscroft J.A., David M. Paciocco J.A., and I.V.B. Nordheimer J.A. (Ont. C.A.); affirmed (2016), 2016 CarswellOnt 13158, 2016 ONSC 5217, B.W. Abrams J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights