The appellant, Master Corporal Claude Houde, appealed two findings of guilt for sexual assault made by a General Court Martial panel.
The appeal centred on errors in the trial judge's instructions to the panel regarding the complainant's credibility and the assessment of photographic evidence.
The Court Martial Appeal Court found that the judge's instructions improperly focused on the complainant's credibility as the determinative issue, effectively circumventing the standard of proof beyond a reasonable doubt as set out in R. v. W(D).
Furthermore, the judge erred by instructing the panel to decide whether to believe the photographic evidence before considering it as part of the whole evidence.
The appeal was allowed and a new trial was ordered on the two charges.
