Jun 1, 2020

MLB Headnote and Key Numbers

R. v. Labonte, 2016 ONCA 426 (CanLII)

R. v. Labonte (A.) (2016), 350 O.A.C. 115 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. JN.002

Her Majesty the Queen (respondent) v. Ashley Labonte (appellant)

(C58216; 2016 ONCA 426)

Indexed As: R. v. Labonte (A.)

Ontario Court of Appeal

Simmons, van Rensburg and Benotto, JJ.A.

June 1, 2016.

Summary:

A drug transaction took place outside a bar in Sudbury, Ontario. One of the parties to the transaction was stabbed eight times and was left bleeding on the sidewalk. As a result, the accused (and a co-accused) were convicted of robbery and other related offences. The accused appealed.

The Ontario Court of Appeal allowed the appeal in part. The court rejected the accused's argument that the conviction for robbery was an unreasonable verdict. However, because the trial judge's reasons were inadequate, the court set aside the accused's robbery conviction and the stay of her conviction for accessory to an attempted robbery and ordered a new trial. The accused's unrelated convictions for property offences stood, along with a six month sentence for those offences.

Courts - Topic 583

Judges - Duties - Re reasons for decisions - See paragraphs 60 to 68.

Criminal Law - Topic 4684

Procedure - Judgments and reasons for judgment - Reasons for judgment - Sufficiency of - See paragraphs 60 to 68.

Criminal Law - Topic 4865

Appeals - Indictable offences - Grounds of appeal - Verdict unreasonable or unsupported by evidence - See paragraphs 49 to 59.

Criminal Law - Topic 5020

Appeals - Indictable offences - Setting aside verdicts - Verdict unreasonable or unsupported by evidence - See paragraphs 49 to 59.

Counsel:

Michael W. Lacy and Anida Chiodo, for the appellant;

Michael Perlin, for the respondent.

This appeal was heard on November 25, 2015, before Simmons, van Rensburg and Benotto, JJ.A., of the Ontario Court of Appeal. The following decision was released for the court by Benotto, J.A., on June 1, 2016.