Court File No. 060176


ONTARIO
SUPERIOR COURT OF JUSTICE
(East Region)


B E T W E E N :


HER MAJESTY THE QUEEN

Respondent


- and -


ANDY EFREMOV

Appellant



SUPPLEMENTARY NOTICE OF APPEAL



TAKE NOTICE that, in addition to the grounds of appeal set out in the Notice of Appeal herein filed on September 5, 2006, the Appellant will place reliance on the grounds of appeal set out below:


THE ADDITIONAL GROUNDS OF APPEAL ARE:

1. That the learned trial Judge erred in law in that he misapprehended the evidence in finding that the cross-bow alleged to have been held by the appellant on October 11, 2005, was loaded, as alleged by the witness Tim Young, given that the same cross bow was made an exhibit in court and was incapable of being loaded.
2. That the learned trial Judge erred in law in convicting the appellant of the offence of "threatening conduct" which is not an offence known to law
3. That the learned trial Judge erred in law in convicting the appellant of an offence under sub-section 264(2) of the Criminal Code of Canada [criminal harassment] when that offence had not been either proved or charged.
4. That the learned trial Judge erred in law in convicting the appellant of criminal harassment [s. 264(2) of the Criminal Code of Canada] without ever directing his mind to whether or not the Crown had proven all of the elements of that offence.
5. That the learned trial Judge erred in law in convicting the appellant of the offence of Criminal Harassment in the absence of evidence tending to prove the elements of that offence.
6. That the learned trial Judge erred in trying the appellant for Criminal Harassment without ever putting him on notice that he was actually facing that charge.
7. That the count upon which the appellant was tried, "threatening conduct", is not an offence known to law and that count, as well as the resulting conviction, is a nullity.


_______________________________
Andy Efremov
PO Box 1936
Bancroft Ontario K0L 1C0
Telephone:
Fax:

TO: Lee Burgess
Counsel for the Respondent.


Return to Home Page


View Selected Transcripts Section