Binnie

The Crown appealed a decision of the British Columbia Court of Appeal that had overturned the accused's convictions for indecent assault and gross indecency and ordered a new trial.

The Supreme Court of Canada allowed the appeal, finding that the Court of Appeal erred in concluding the trial judge misapprehended the evidence.

The Court held there was sufficient evidence in the complainant's testimony to support the finding of guilt, which turned largely on credibility assessments properly made by the trial judge.

The conviction was restored.

The appellant appealed his conviction, arguing there were errors in the trial judge's charge to the jury regarding planning and deliberation.

The Supreme Court of Canada dismissed the appeal, holding that even assuming there were errors in the charge, the evidence of planning and deliberation was so overwhelming that the result would inevitably have been the same.

The Court applied the curative proviso under section 686(1)(b)(iii) of the Criminal Code.