R. v. M. (W.H.), 1992 CanLII 101 (SCC), [1992] 1 SCR 984

Her Majesty The Queen Appellant

v.

W.H.M. Respondent

Indexed as: R. v. M. (W.H.)

File No.: 22285.

1992: April 27.

Present: La Forest, Sopinka, Gonthier, Cory, McLachlin, Stevenson and Iacobucci JJ.

on appeal from the prince edward island supreme court, appeal division

Criminal law ‑‑ Evidence ‑‑ Charge of sexually assaulting child ‑‑ Standard of proof ‑‑ Child witness ‑‑ Credibility.

APPEAL from a judgment of the Prince Edward Island Supreme Court, Appeal Division (1990), 1990 (PE SCAD), 87 Nfld. & P.E.I.R. 339, 271 A.P.R. 339, dismissing the Crown's appeal from the accused's acquittal by the Prince Edward Island Supreme Court, Trial Division (1990), 1990 (PE SCTD), 82 Nfld. & P.E.I.R. 285, 257 A.P.R. 285, on charges of indecent assault and sexual assault. Appeal dismissed.

Darrell E. Coombs, for the appellant.

John W. Hennessey, for the respondent.

//La Forest J.//

The judgment of the Court was delivered orally by

La Forest J. ‑‑ It will not be necessary to hear from you Mr. Hennessey. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Iacobucci.

//Iacobucci J.//

Iacobucci J. ‑‑ This appeal comes to us as of right. We are all of the view that the appeal should be dismissed. We agree with the conclusions of the majority of the Appeal Division of the Supreme Court of Prince Edward Island that the trial judge made no error of law with respect to the standard of proof he applied, the proper consideration of the evidence before him, and the issue of credibility of a child witness.

Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: The Attorney General of Prince Edward Island, Charlottetown.

Solicitors for the respondent: Foster, O'Keefe, Charlottetown.