← Cases

R. v. W.M.

2020 SCC 42 [2020] 3 SCR 787 Court SCC Decision date 2020-12-10 Heard 2020-12-10 Docket 39114 English

PartiesHer Majesty The Queen Appellant·W.M. Respondent

Counsel (1)
Solicitor for the respondent: W. John McCulligh Professional Corporation, Brampton.

Judges Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Côté, Suzanne; Rowe, Malcolm

Delivered by Unanimous — Wagner C.J.

On appeal from Ontario

Contents

Unanimous Judgment Read By — Wagner C.J.

The Chief Justice — We are all of the view that the appeal must be allowed for the reasons of Justice Miller.
The trial judge’s mistake regarding the specific year of the sex offender treatment did not have any material impact on his overall assessment of the similar fact evidence or the accused’s credibility when one considers the trial judge’s reasons as a whole. In the result, no miscarriage of justice occurred.
The appeal is allowed and the conviction is restored.