DATE: 20031119
DOCKET: C38340
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – DRUE RITCHIE (Appellant)
BEFORE:
WEILER, ABELLA and SIMMONS JJ.A.
COUNSEL:
Frank Addario
for the appellant
Kim Crosbie
for the respondent
HEARD & ENDORSED:
November 18, 2003
On appeal from the conviction entered by Justice Douglas R. McDermid of the Superior Court of Justice, sitting without a jury, dated April 22, 2002.
A P P E A L B O O K E N D O R S E M E N T
[1] The appellant appeals his conviction for sexual interference contrary to s. 151 of the Criminal Code and raises two grounds of appeal.
- Did the trial judge fail to resolve critical inconsistencies in the complainant’s evidence?
[2] The trial judge was alive to the inconsistencies in the complainant’s evidence and noted them. He also instructed himself that he had to scrutinize her evidence very carefully. He did so and we are satisfied that he resolved the inconsistencies in her evidence applying a common sense approach having regard to her age, the submissions that were made to him, and the fact she was unshaken about the essential elements of the offence and how it occurred.
- Did the trial judge err in the manner he dealt with the prior consistent statements and conduct of the complainant?
[3] Having regard to the trial judge’s reasons as a whole we are satisfied he did not misuse the evidence that the complainant disclosed the allegations to three friends or the evidence of the complainant’s demeanor when she made this disclosure. Rather the trial judge used the evidence to accept the complainant’s explanation for not reporting the abuse earlier and in response to the defence position that her failure to disclose to adults brought her credibility into question. The trial judge also used the evidence to rebut the defence of motive to fabricate.
[4] The appeal is dismissed.