Counsel:
B. A. Laughton, for accused, appellant.
G. W. Hales, for the Crown, respondent.
[1] NOTE: An appeal from the above judgment of the British Columbia Court of Appeal to the Supreme Court of Canada was dismissed (Ritchie, Beetz, McIntyre, Lamer and Wilson JJ.) on June 18, 1982. The following judgment was delivered
[2] By the Court:—We are all of the opinion that this appeal should be dismissed and in this regard we adopt the penultimate paragraph of the judgment of Mr. Justice Seaton in the British Columbia Court of Appeal where he said [at p. 501]:
[3] In my view, the trial Judge's observation that the boy's evidence was not contradicted and the accused did not testify or call evidence, does not indicate that he weighed that circumstance as a factor going to prove guilt. It was the strength of the boy's evidence that he was remarking upon. It was strong evidence. And it was not made less strong by evidence suggesting that it was in error.