R. v. Mey (N.), (2011) 280 O.A.C. 319 (CA)

• Judge: Doherty, LaForme and Epstein, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: Tuesday March 22, 2011
• Jurisdiction: Ontario
• Citations: (2011), 280 O.A.C. 319 (CA);2011 ONCA 288

R. v. Mey (N.) (2011), 280 O.A.C. 319 (CA)

MLB headnote and full text

Temp. Cite: [2011] O.A.C. TBEd. AP.022

Her Majesty the Queen (respondent) v. Nirorth Mey (appellant)

(C50361; 2011 ONCA 288)

Indexed As: R. v. Mey (N.)

Ontario Court of Appeal

Doherty, LaForme and Epstein, JJ.A.

April 12, 2011.

Summary:

The accused was convicted of assault and assault with a weapon respecting two assaults that occurred one evening in, and just outside of, a crowded bar. Identification was in issue at trial. The trial judge did not see a videotape of the accused's booking at the police station on the night of the altercations. In the videotape, the accused appeared dressed as she had been at the time of the fight. Her appearance was consistent with her trial testimony describing what she was wearing that night and was, in at least one material aspect, inconsistent with a key Crown identification witness's testimony. The accused appealed and sought to introduce the videotape as fresh evidence.

The Ontario Superior Court, in a decision reported at [2009] O.T.C. Uned. 764, refused to admit the videotape as fresh evidence and dismissed the appeal. The accused sought leave to appeal.

The Ontario Court of Appeal granted leave to appeal, allowed the appeal, set aside the conviction and directed a new trial.

Criminal Law - Topic 4970

Appeals - Indictable offences - Powers of Court of Appeal - Receiving fresh evidence - General - The accused was convicted of assault and assault with a weapon respecting two assaults that occurred one evening in, and just outside of, a crowded bar - Identification was in issue at trial - The trial judge did not see a videotape of the accused's booking at the police station on the night of the altercations - In the videotape, the accused appeared dressed as she had been at the time of the fight - Her appearance was consistent with her trial testimony describing what she was wearing that night and was, in at least one material aspect, inconsistent with a key Crown witness's identification testimony - A summary conviction appeal court judge dismissed the accused's request to admit the videotape as fresh evidence - The accused sought leave to appeal - The Ontario Court of Appeal granted leave, set aside the conviction and directed a new trial.

Criminal Law - Topic 4971

Appeals - Indictable offences - Powers of Court of Appeal - Receiving fresh evidence - Effect of - [See Criminal Law - Topic 4970].

Criminal Law - Topic 5241

Evidence and witnesses - Identification - Eyewitness identification - [See Criminal Law - Topic 4970].

Cases Noticed:

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, appld. [para. 5].

Counsel:

M. Halfyard, for the appellant;

Matthew Asma, for the respondent.

This application for leave and appeal were heard on March 22, 2011, by Doherty, LaForme and Epstein, JJ.A., of the Ontario Court of Appeal. Epstein, J.A., delivered the following decision for the court on April 12, 2011.