Court of Appeal for Ontario

CITATION: R. v. N.E., 2025 ONCA 13[^1]

DATE: 20250110

DOCKET: COA-23-CR-1257

BEFORE: Fairburn A.C.J.O., Dawe J.A. and Code J. (ad hoc)

BETWEEN

His Majesty the King

Respondent

and

N.E.

Appellant

COUNSEL:

Jeff Marshman, for the appellant

Maria Anghelidis, for the respondent

Heard and released orally: January 6, 2025

On appeal from the conviction entered by Justice Nicole E. Redgate of the Ontario Court of Justice, dated July 26, 2023.

REASONS FOR DECISION

[1] This is an appeal from conviction on two counts of sexual assault relating to two complainants. The conduct was alleged to have taken place at a house party.

[2] The appellant raises two grounds of appeal which are very much intertwined: he alleges that the trial judge misapprehended the evidence and provided insufficient reasons for her factual conclusions. The misapprehensions of evidence relate to the trial judge’s findings respecting the appellant’s credibility. In our view, those findings were available on the evidence and, in any event, they were not material to the ultimate conclusion she reached on credibility.

[3] Considered as a whole, and having regard to the structure of the reasons, the trial judge’s credibility assessments are sound and were available to her on the record. She correctly summarized the law on the burden of proof, credibility, and the importance of assessing the evidence in its totality. She then applied that law correctly. She gave clear reasons as to what she decided, why she decided it, and provided an adequate basis for appellate review.

[4] The appeal is dismissed.

“Fairburn A.C.J.O.”

“J. Dawe J.A.”

“M.A. Code J. (ad hoc)”

[^1]: This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.