R. v. M. (W.H.), [1992] 1
S.C.R. 984
Her Majesty The Queen Appellant
v.
W.H.M. Respondent
Indexed as: R. v.
M. (W.H.)
File No.: 22285.
1992: April 27.
Present: La Forest,
Sopinka, Gonthier, Cory, McLachlin, Stevenson and Iacobucci JJ.
on appeal from the prince edward
island supreme court, appeal division
Criminal law ‑‑
Evidence ‑‑ Charge of sexually assaulting child ‑‑
Standard of proof ‑‑ Child witness ‑‑ Credibility.
APPEAL from a
judgment of the Prince Edward Island Supreme Court, Appeal Division (1990), 87
Nfld. & P.E.I.R. 339, 271 A.P.R. 339, dismissing the Crown's appeal from
the accused's acquittal by the Prince Edward Island Supreme Court, Trial
Division (1990), 82 Nfld. & P.E.I.R. 285, 257 A.P.R. 285, on charges of
indecent assault and sexual assault. Appeal dismissed.
Darrell E.
Coombs, for the
appellant.
John W.
Hennessey, for the
respondent.
//La Forest J.//
The judgment of the
Court was delivered orally by
La Forest J. ‑‑ It will not be
necessary to hear from you Mr. Hennessey. The Court is ready to hand down
judgment. The judgment will be pronounced by Mr. Justice Iacobucci.
//Iacobucci J.//
Iacobucci J. ‑‑ This appeal comes to
us as of right. We are all of the view that the appeal should be dismissed.
We agree with the conclusions of the majority of the Appeal Division of the
Supreme Court of Prince Edward Island that the trial judge made no error of law
with respect to the standard of proof he applied, the proper consideration of
the evidence before him, and the issue of credibility of a child witness.
Accordingly, the
appeal is dismissed.
Judgment
accordingly.
Solicitor for the
appellant: The Attorney General of Prince Edward Island, Charlottetown.
Solicitors for the
respondent: Foster, O'Keefe, Charlottetown.
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