COURT OF APPEAL FOR ONTARIO
DATE: 20040812
DOCKET: C37255
RE: HER MAJESTY THE QUEEN (Respondent) – and – ANTHONY WASHINGTON (Appellant)
BEFORE: ROSENBERG, ARMSTRONG and BLAIR JJ.A.
COUNSEL:
Sarah Egan for the appellant
Melissa Ragsdale for the respondent
HEARD & ENDORSED: August 10, 2004
On appeal from conviction by Justice R. Harris on August 29, 2001 and sentence imposed by Justice Harris on October 16, 2001.
A P P E A L B O O K E N D O R S E M E N T
[1] There were important inconsistencies and contradictions in the complainant’s evidence that, in our view, were not peripheral, but went to the core of the complainant’s story, especially relating to the second incident. For example, the complainant relied on what she heard to know that she was not dreaming. However, all of the details of what she claimed to have heard were contradicted by other evidence or inconsistent with other parts of her own story.
[2] The trial judge did not resolve these inconsistencies and contradictions and instead relied upon things such as the complainant’s demeanour and absence of motive to fabricate. These were not adequate bases for resolving these crucial problems with the complainant’s evidence.
[3] The conviction therefore cannot stand. While this was not a strong case, we cannot say that the verdict is unreasonable. Accordingly, the appeal is allowed, the conviction quashed and a new trial ordered.