Supreme Court of Canada

Appeal Heard: February 14, 2019 Judgment Rendered: February 14, 2019 Docket: 38269

Parties

Between:

Nelson Silva Demedeiros Appellant

and

Her Majesty The Queen Respondent

Coram

Moldaver, Gascon, Brown, Rowe and Martin JJ.

Reasons for Judgment: (para. 1) Moldaver J. (Gascon, Brown, Rowe and Martin JJ. concurring)

Indexed As

R. v. Demedeiros, 2019 SCC 11, [2019] 1 S.C.R. 568

File No.: 38269. 2019: February 14. Present: Moldaver, Gascon, Brown, Rowe and Martin JJ.

On appeal from the Court of Appeal for Alberta

Summary of Issues

Criminal law — Unreasonable verdict — Evidence — Assessment — Accused appealing convictions for sexual assault with weapon and unlawful confinement — Court of Appeal dismissing appeal — Deference owed to trial judge's credibility assessment — Verdict not unreasonable — Convictions upheld.

History

APPEAL from a judgment of the Alberta Court of Appeal (Berger, Costigan and Slatter JJ.A.), 2018 ABCA 241, 364 C.C.C. (3d) 271, 74 Alta. L.R. (6th) 1, 431 D.L.R. (4th) 650, [2018] 10 W.W.R. 293, [2018] A.J. No. 831 (QL), 2018 CarswellAlta 1313 (WL Can.), affirming the convictions entered by MacDonald Prov. Ct. J., 2016 ABPC 129, [2016] A.J. No. 983 (QL), 2016 CarswellAlta 1833 (WL Can.). Appeal dismissed.

Counsel

Heather Ferg and Karen B. Molle, for the appellant.

Troy Couillard, for the respondent.

Judgment

The judgment of the Court was delivered orally by

[1] Moldaver J. — We would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal.

Judgment accordingly.

Solicitors

Solicitors for the appellant: McKay Criminal Defence, Calgary; Karen Molle Law Office, Calgary.

Solicitor for the respondent: Alberta Department of Justice, Edmonton.