Michael A. Hargadon

A young person appealed a conviction for uttering a threat to cause death under s. 264.1(1)(a) of the Criminal Code following a family dispute.

The appellant argued the trial judge failed to properly apply the credibility framework in R. v. W.(D.), improperly relied on demeanour evidence, and failed to adequately address conflicting testimony.

The appeal court held that the trial judge sufficiently explained why the defence evidence was rejected and properly assessed credibility, including considering motive to fabricate and the surrounding circumstances.

The court found no error in law or palpable and overriding error of fact and concluded the verdict was supported by the evidence.

The appellant appealed a summary conviction for sexual assault and breach of recognizance, arguing the trial judge failed to properly apply the credibility analysis required by R. v. W.(D.).

The appellate court held the trial judge improperly treated the case as a credibility contest between the complainant and the accused, rather than applying the full W.(D.) framework.

The reasons relied heavily on the complainant’s demeanour and failed to explain how the evidence as a whole established guilt beyond a reasonable doubt, particularly in light of inconclusive DNA evidence and other contradictory facts.

The court concluded this constituted a palpable and overriding error of law.

The conviction was quashed and a new trial ordered.