Beverly L. Klatt

The appellant challenged a conviction for sexual assault causing bodily harm, arguing misapprehension of evidence, failure to consider the totality of evidence, and an unreasonable verdict.

Applying the appellate standard of review under s. 686(1)(a)(i) and (iii) of the Criminal Code, the Court substantially agreed with the intermediate appellate reasons on miscarriage-of-justice issues.

The Court also rejected the alleged Beaudry error, finding no illogical or irrational reasoning process by the trial judge.

The verdict was held not unreasonable, and the conviction was upheld.

The Crown appealed the acquittal of the respondent on a charge of child abandonment under s. 218 of the Criminal Code.

The respondent, unaware of her pregnancy, gave birth in a retail store washroom and left the newborn in the toilet, believing the child was dead.

The majority held that s. 218 requires subjective fault, and the Crown had not proved the respondent knew her conduct risked the child's life or health.

The concurring minority would have applied an objective penal negligence standard but upheld the acquittal on the basis of the respondent's honest and reasonable mistake of fact.

The appeal was dismissed unanimously.