The appellant, S.H., appealed convictions for sexual interference and sexual assault.
The core issue on appeal was whether the trial judge misapplied the second stage of the R. v. W.(D.) analysis regarding reasonable doubt in credibility cases, despite correctly citing the principles.
The Court of Appeal found that, reading the trial judge's reasons as a whole, it could be inferred that the judge rejected the appellant's exculpatory testimony entirely, rendering it incapable of raising a reasonable doubt.
The appeal was dismissed.