Between
Her Majesty the Queen, respondent, and
G.C., appellant
[1994] O.J. No. 3824
File No. C16294
Ontario Court of Appeal
Toronto, Ontario
Catzman, Arbour and Austin JJ.A.
March 3, 1994.
(2 pp.)
On appeal from Morrison J.
Criminal law - Offences against property - Arson - Breaking and entering - Evidence and proof.
This was an appeal from convictions of arson and breaking and entering. The trial judge found that the appellant was merely present at the scene and did nothing. He went on to conclude that the appellant had implicated himself in setting the fire.
HELD: The appeal was allowed, the convictions set aside and acquittals entered. The trial judge's interpretation of the appellant's remark with regard to setting the fire was unreasonable in view of his findings of fact.
Counsel:
Lorne Sabsay, for the appellant.
Bev. Brown, for the respondent.
The judgment of the Court was delivered by
1 CATZMAN J.A. (endorsement):- In light of the trial judge's findings of fact that the appellant was merely present at the scene of the breaking and entering and arson and did nothing which led to the acquittal of the co-accused D.D., we are of the view that his subsequent interpretation of the appellant's comment in which he appeared to implicate himself in setting the fire, was unreasonable.
2 Therefore, the appeal must be allowed, both convictions set aside and acquittals entered.
CATZMAN J.A.
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