SUPREME COURT OF CANADA

Date: 20150219 Docket: 36021

Between

Cladinoro Perrone

Appellant

and

Her Majesty The Queen

Respondent

Coram: McLachlin C.J., Abella, Cromwell, Moldaver and Wagner JJ.

Reasons for Judgment: (paras. 1 to 2)

McLachlin C.J. (Abella, Cromwell, Moldaver and Wagner JJ. concurring)

r. v. perrone, 2015 SCC 8, [2015] 1 S.C.R. 473

Cladinoro Perrone Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Perrone

2015 SCC 8

File No.: 36021.

2015: February 19.

Present: McLachlin C.J., Abella, Cromwell, Moldaver and Wagner JJ.

on appeal from the court of appeal for manitoba

Criminal law — Sexual assault — Evidence — Assessment — Credibility and reliability — Court of Appeal correct in finding that trial judge gave proper consideration to issue of reliability and issue of credibility, when assessing complainant’s evidence.

APPEAL from a judgment of the Manitoba Court of Appeal (Steel, MacInnes and Monnin JJ.A.), 2014 MBCA 74 , 306 Man. R. (2d) 299, 604 W.A.C. 299, 313 C.C.C. (3d) 399, [2014] M.J. No. 217 (QL), 2014 CarswellMan 349 (WL Can.), upholding the accused’s conviction for sexual assault. Appeal dismissed.

Josh A. Weinstein , Lisa LaBossière and Amanda Sansregret , for the appellant.

Rekha Malaviya and Renée Lagimodière , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] T he Chief Justice — We are all of the view that the appeal must be dismissed. We agree with Justice Monnin of the Court of Appeal, for the majority, when he stated at para. 48:

I am of the view that the trial judge, through her reasons, has confirmed that she assessed both the credibility and reliability of the witness taking into account the areas of concerns which she outlined.

[ 2 ] The appeal is therefore dismissed.

Judgment accordingly.

Solicitor for the appellant: Legal Aid Manitoba, Winnipeg.

Solicitor for the respondent: Manitoba Prosecution Service, Winnipeg.