R. v. Pelletier (K.) 2012 ONCA 566
Criminal Law - Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused)
The Ontario Superior Court of Justice, sitting without a jury, found Pelletier guilty of several offences arising out of his role in a beating and a shooting, about a week apart, of two drug purchasers who got behind in their payments. Pelletier appealed from conviction and from sentence. He contended that his convictions were flawed because the judge didn’t take sufficient care in assessing the reliability of evidence of disreputable characters and untrustworthy eyewitnesses. Pelletier also contended that the sentence imposed was unfit because the judge failed to take into account that he was Aboriginal.
The Ontario Court of Appeal dismissed the appeal from conviction, and granted leave to appeal but dismissed the appeal from sentence.