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.).

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