SUPREME COURT OF CANADA
Date: 20140122 Docket: 35361
Between:
Gary Edward Yelle
Appellant
and
Her Majesty The Queen
Respondent
Coram: McLachlin C.J. and Abella, Rothstein, Cromwell and Moldaver JJ.
Reasons for Judgment: (para. 1)
McLachlin C.J. (Abella, Rothstein, Cromwell and Moldaver JJ. concurring)
R. v. Yelle , 2014 SCC 10, [2014] 1 S.C.R. 140
Gary Edward Yelle Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Yelle
2014 SCC 10
File No.: 35361.
2014: January 22.
Present: McLachlin C.J. and Abella, Rothstein, Cromwell and Moldaver JJ.
on appeal from the court of appeal for the northwest territories
Criminal law — Reasonable verdict — Accused charged with sexual assault and uttering threats — Jury returning guilty verdict to lesser included offence of assault — Jury’s verdict reasonable in light of photographic evidence establishing assault beyond a reasonable doubt — Trial judge not required in circumstances to give warning as to witness reliability — Trial judge’s decision to instruct on lesser offence of assault entitled to deference having regard to totality of evidence.
APPEAL from a judgment of the Northwest Territories Court of Appeal (Paperny, Martin and Charbonneau JJ.A.), 2013 NWTCA 2 , [2013] N.W.T.J. No. 47 (QL), 2013 CarswellNWT 49, upholding the conviction for assault entered by Shaner J., 2012 NWTSC 46 , [2012] N.W.T.J. No. 52 (QL), 2012 CarswellNWT 48. Appeal dismissed.
Charles B. Davison , for the appellant.
Susanne Boucher and François Lacasse , for the respondent.
The judgment of the Court was delivered orally by
[ 1 ] The Chief Justice — We agree with the majority of the Court of Appeal that the verdict was not unreasonable. The appeal is therefore dismissed.
Judgment accordingly.
Solicitors for the appellant: Somba K’e Law Office, Yellowknife.
Solicitor for the respondent: Public Prosecution Service of Canada, Yellowknife.