R. v. George (D.), (2016) 349 O.A.C. 347 (CA)
| Judge | Weiler, Simmons and Epstein, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | April 28, 2016 |
| Jurisdiction | Ontario |
| Citations | (2016), 349 O.A.C. 347 (CA);2016 ONCA 464 |
R. v. George (D.) (2016), 349 O.A.C. 347 (CA)
MLB headnote and full text
Temp. Cite: [2016] O.A.C. TBEd. JN.019
Her Majesty the Queen (respondent) v. Dwayne George (appellant)
(C55373; 2016 ONCA 464)
Indexed As: R. v. George (D.)
Ontario Court of Appeal
Weiler, Simmons and Epstein, JJ.A.
June 14, 2016.
Summary:
The accused was convicted of the following offences relating to events that took place between August 3 and 5, 2007, and in June 2008, all in respect of his former girlfriend: break and enter, assault causing bodily harm, unlawful confinement, uttering threats, breach of recognizance, and obstruct justice. The trial judge found that the accused was a dangerous offender and imposed an indeterminate sentence. The accused appealed his convictions and sentence.
The Ontario Court of Appeal dismissed the appeal. While the trial judge erred in mischaracterizing defence evidence as alibi evidence, and consequently erred in law in drawing an adverse inference from the failure to disclose the "alibi" until trial and the fact that the accused did not testify, the evidence of the accused's guilt was so overwhelming that a trier of fact would inevitably convict. Accordingly, the Crown had met its burden of demonstrating that the result would necessarily be the same and the court applied the curative proviso in s. 686(1)(b)(iii) of the Criminal Code. With respect to the sentence appeal, there was no issue that the accused met the criteria for a dangerous offender designation. The trial judge applied the correct legal framework and, on the evidence, it was open to him to conclude that he was not satisfied of a reasonable possibility that the accused's risk in the community could be controlled by the end of any possible long-term supervision order.
Criminal Law - Topic 4352.1
Procedure - Charge or directions - Jury or judge alone - Directions regarding similar fact evidence - See paragraphs 58 to 61.
Criminal Law - Topic 4372
Procedure - Charge or directions, jury or judge alone - Directions respecting alibi evidence or explanation by accused - See paragraphs 23 to 31.
Criminal Law - Topic 4377
Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - See paragraphs 33 to 57.
Criminal Law - Topic 5037
Appeals - Indictable offences - Dismissal of appeal if no prejudice, substantial wrong or miscarriage results - Evidentiary error - See paragraphs 62 to 71.
Criminal Law - Topic 6512
Dangerous or long-term offenders - Detention (incl. common law preventative detention) - General - Evidence and proof - See paragraphs 72 to 80.
Criminal Law - Topic 6516
Dangerous offenders - Detention - General - Appeals - Scope of - See paragraphs 72 to 80.
Counsel:
Michael W. Lacy, for the appellant;
Dayna Arron, for the respondent.
This appeal was heard on April 28, 2016, by Weiler, Simmons and Epstein, JJ.A., of the Ontario Court of Appeal. Weiler, J.A., delivered the following decision for the court on June 14, 2016.
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R v Mehari, 2020 SKCA 37
...R. v. George, 2016 ONCA 464, 349 O.A.C. 347, at para. [89] In short, a challenge to the methodological approach of a trial judge cannot become a vehicle to sidestep the standard of review applicable in these latter two circumstances: R v Gravesande, 2015 ONCA 774 at para 18, 330 CCC (3d) 49......
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R. v. Giovannelli, 2018 ONSC 4369
...arid, printed record: R. v. Howe (2005), 192 C.C.C. (3d) 480 (Ont. C.A.), at para. 59; R. v. George, 2016 ONCA 464, 349 O.A.C. 347, at para. 24 Second, to succeed on an uneven scrutiny argument, an appellant must do more than show that a different tri......
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R v M.G.S.,
...review applicable in these latter two circumstances: R v Gravesande, 2015 ONCA 774 at para 18, 330 CCC (3d) 497 [Gravesande]; R v George, 2016 ONCA 464 at para 35, 349 OAC 347; R v Radcliffe, 2017 ONCA 176 at paras 23‑26, 347 CCC (3d) 3 [Radcliffe]; R v C.A.M., 2017 MBCA 70 at paras 33–37, ......
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R. v. Perkins, 2016 ONCA 588
...consideration of the particular facts and circumstances”: R. v. Raghunauth (2005), 203 O.A.C. 54 (C.A.), at para. 9; R. v. George, 2016 ONCA 464, at paras. 65-67. The critical question is whether the verdict would have been the same if the error had not been committed: R. v. Bevan, [1993] 2......
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R v Mehari, 2020 SKCA 37
...R. v. George, 2016 ONCA 464, 349 O.A.C. 347, at para. [89] In short, a challenge to the methodological approach of a trial judge cannot become a vehicle to sidestep the standard of review applicable in these latter two circumstances: R v Gravesande, 2015 ONCA 774 at para 18, 330 CCC (3d) 49......
-
R. v. Giovannelli, 2018 ONSC 4369
...arid, printed record: R. v. Howe (2005), 192 C.C.C. (3d) 480 (Ont. C.A.), at para. 59; R. v. George, 2016 ONCA 464, 349 O.A.C. 347, at para. 24 Second, to succeed on an uneven scrutiny argument, an appellant must do more than show that a different tri......
-
R v M.G.S.,
...review applicable in these latter two circumstances: R v Gravesande, 2015 ONCA 774 at para 18, 330 CCC (3d) 497 [Gravesande]; R v George, 2016 ONCA 464 at para 35, 349 OAC 347; R v Radcliffe, 2017 ONCA 176 at paras 23‑26, 347 CCC (3d) 3 [Radcliffe]; R v C.A.M., 2017 MBCA 70 at paras 33–37, ......
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R. v. Perkins, 2016 ONCA 588
...consideration of the particular facts and circumstances”: R. v. Raghunauth (2005), 203 O.A.C. 54 (C.A.), at para. 9; R. v. George, 2016 ONCA 464, at paras. 65-67. The critical question is whether the verdict would have been the same if the error had not been committed: R. v. Bevan, [1993] 2......
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Court Of Appeal Summaries (June 13 17)
...Endorsement, Criminal Law, Possession of Invasive Fish Without a Licence, Fisheries Act, Ontario Fishery Regulations R. v. George, 2016 ONCA 464 [Weiler, Simmons and Epstein JJ.A.] Counsel: Michael W. Lacy, for the appellant Dayna Arron, for the respondent Keywords: Criminal Law, Break and ......