The Court — The respondent’s convictions for sexual assault and forcible confinement were set aside by a majority in the Court of Appeal for Ontario (2010 ONCA 544, 266 O.A.C. 27). The Crown appeals as of right pursuant to s. 693(1) (a) of the Criminal Code , R.S.C. 1985, c. C-46 .
The majority intervened with the verdict mainly on the basis of the trial judge’s findings in respect of particular items of evidence, and his failure to explain why certain “factors did not raise a reasonable doubt that the accusations may have been fabricated” (para. 35).
While we do not agree on all aspects of the majority’s approach, we are not persuaded that it erred in the result in setting aside the convictions and ordering a new trial. Based on our review of the trial judge’s reasons as a whole, we agree that he erred in law by failing to give adequate consideration to the question of whether the evidence raised a reasonable doubt.
The appeal is dismissed.
Cases cited
- 2010 ONCA 544 2010 ONCA 544 para 35 ¶ 1, ¶ 2