2017 QCCA 1854, 2017 QCCA 1854

Iacono c. R. 2017 QCCA 1854 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006559-171 (500-01-140274-165) MINUTES OF THE HEARING DATE: November 24, 2017 THE HONOURABLE ROBERT M. MAINVILLE, J.A. PETITIONER COUNSEL ANTONINO IACONO IN PERSON RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre WILLIAM LEMAY (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application for leave to appeal from a judgment rendered on October 13, 2017, by the Honourable Robert Marchi of the Quebec Court, District of Montreal. (Art. 675(1)(a)(ii) Cr.C and 21 et seq. R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING

9:41 Beginning of the hearing. Exchanges between the Judge and the Petitioner, Antonini Iacono. The Judge notifies the Petitioner he may need to order the transcripts of the first instance hearing if he proceeds to appeal. 9:47 Submissions by Mr. Iacono. 9:57 Submissions of Mtre William Lemay. 10:00 BY THE JUDGE : Judgment – See page 3. 10:03 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] On October 13, 2017, Antonio Iacono was found guilty by Judge Robert Marchi of the Court of Quebec, District of Montreal, of an assault causing bodily harm.

He now submits a Motion for leave to appeal from a conviction on a ground that involves question of fact . The motion is vigorously opposed by the Crown. [ 2 ] At the hearing of this application in the form of a motion, Mr. Iacono, who represents himself, explained to the Court that his appeal essentially challenges the reasonableness of the verdict. A challenge by an accused with respect to the reasonableness of a verdict is deemed to be a question of law which may be appealed as of right. [ 3 ] As a result, I have decided to deem Mr.

Iacono’s Motion for leave to appeal from a conviction on a ground that involves question of fact to be a notice of appeal challenging the reasonability of the verdict. [ 4 ] With respect to leave to appeal questions of fact, Mr. Iacono stated at the hearing dealing with his application that he was ready to argue the appeal without necessarily questioning the findings of fact by the trial judge; he later submitted that he may indeed chose to challenge these findings of fact. In light of the uncertainty with respect to Mr.

Iacono’s position, I have decided to dismiss his application for leave to appeal insofar as it seeks leave to appeal the verdict on questions of fact. Indeed, the leave application essentially disputes the

interpretation of the facts by the trial judge rather than the findings of facts themselves or raises new facts which were not before the trial judge. [ 5 ] I informed Mr. Iacono at the hearing that an appeal of a criminal verdict is subject to certain rules, timelines and processes that he must follow. I also encouraged him to seek counsel as to how to proceed on appeal. Mr. Iacono is well advised that he should review the Rules of the Court of Appeal of Quebec in Criminal Matters , which are available online, and that he should consult the web site of the Court.

Should the rules, timelines and processes not be followed, the appeal may be dismissed summarily. FOR THESE REASONS, THE UNSERSIGNED JUDGE: [ 6 ] ORDERS that the Motion for leave to appeal from a conviction on a ground that involves question of fact brought by Antonio Iacono be deemed a notice of appeal on a question of law, namely the reasonableness of the verdict rendered on October 13, 2017 by Judge Robert Marchi of the Court of Quebec finding Mr. Iacono guilty of an assault causing bodily harm; [ 7 ] DISMISSES the appellant’s application to bring an appeal of that verdict on questions of fact. ROBERT M.

MAINVILLE , J.A.