Gary R. Barnes

The appellant appealed her summary convictions for assaulting her two children.

On appeal, she argued that the trial judge erred by admitting a letter she wrote to her daughter, by applying different standards to the credibility assessments of the accused and the complainant, and by misapplying the W. (D.) test.

The Superior Court of Justice dismissed the appeal.

The court found that the trial judge applied the correct test for admitting the letter, did not apply different standards to credibility, and correctly applied the standard of proof beyond a reasonable doubt on the totality of the evidence rather than treating the case as a mere credibility contest.

The appellant appealed a conviction for breach of probation under s. 733.1 of the Criminal Code for failing to attend and actively participate in counselling as directed by a probation officer.

The appellant argued that the evidence did not establish the requisite mens rea because he never expressly refused to attend counselling and was advised he could apply to vary the probation condition.

The court reviewed the standard of appellate intervention and found the trial judge’s findings were supported by the evidence.

The trial judge reasonably inferred intent from the appellant’s repeated failure to take any steps to attend the required program despite multiple reminders and written instructions.

The conviction was upheld.