SUPREME COURT OF CANADA

Date : 20120214 Docket : 34288

Between:

Her Majesty The Queen

Appellant

and

T.L.M.

Respondent

Coram : Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ.

Reasons for Judgment : (paras. 1 to 2)

Deschamps J. (Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. concurring)

R. v . T.L.M., 2012 SCC 6, [2012] 1 S.C.R. 233

Her Majesty The Queen Appellant

v.

T.L.M. Respondent

Indexed as: R. v . T.L.M.

2012 SCC 6

File No.: 34288.

2012: February 14.

Present: Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ.

on appeal from the court of appeal for newfoundland and labrador

Criminal law — Evidence — Similar fact evidence — Admissibility of similar fact evidence relating to previous conviction of the accused for sexual assault — Trial judge did not err in admitting similar fact evidence.

APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Welsh, Rowe and Hoegg JJ.A.), 2011 NLCA 24 , 307 Nfld. & P.E.I.R. 262, 954 A.P.R. 262, 271 C.C.C. (3d) 148, 85 C.R. (6th) 170, [2011] N.J. No. 118 (QL), 2011 CarswellNfld 115, setting aside convictions entered by Adams J., 2010 NLTD 12 , 294 Nfld. & P.E.I.R. 308, 908 A.P.R. 308, [2009] N.J. No. 374 (QL), 2009 CarswellNfld 356. Appeal allowed.

Stephen R. Dawson , for the appellant.

Derek Hogan , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] Deschamps J. — We agree with Hoegg J.A., dissenting at the Court of Appeal, that the trial judge committed no reviewable error. Therefore, the appeal is allowed.

[ 2 ] Having heard the parties, we also agree with the dissenting judge that count No. 1 should be stayed and that the convictions on the other counts should be restored.

Judgment accordingly.

Solicitor for the appellant: Attorney General of Newfoundland and Labrador, St. John’s.

Solicitor for the respondent : Newfoundland and Labrador Legal Aid Commission, St. John’s.