Court of Appeal

Decision Information

Decision Content

 

Date: 20010122

Docket: CAC 163123

 

                                NOVA SCOTIA COURT OF APPEAL

                                             [Cite as: R. v. Davison, 2001 NSCA 11]

 

                                                Bateman, Chipman and Oland, JJ.A.

 

 

BETWEEN:

 

                                                   WILLIAM MICHAEL DAVISON

 

Appellant

 

 

                                                                        - and  -

 

                                                      HER MAJESTY THE QUEEN

 

Respondent

 

 

                                                    REASONS FOR JUDGMENT

 

 

 

Counsel:                             Jim M. O’Neil for the appellant

Dana W. Giovannetti, Q.C. for the respondent

 

Appeal Heard:                    January 22, 2001

 

Judgment Delivered:            January 22, 2001

 

THE COURT:                  Appeal dismissed per oral reasons for judgment of Bateman, J.A.; Chipman and Oland, JJ.A. concurring.


BATEMAN, J.A. (Orally)

[1]              The appellant says that these verdicts are unreasonable.  An experienced trial judge rendered an oral decision responsive to the issues raised at trial.  His verdict was primarily based upon his findings of credibility of the two complainants and the appellant as is so often the case with allegations of historical sexual assaults.  He applied the correct test, expressly referring to the requirements of R v. W.(D.), [1991] 1 S.C.R. 742.

[2]              We are not persuaded that a properly instructed trier of fact acting reasonably could not have rendered these verdicts.  The appeal is dismissed.

 

 

Bateman, J.A.

Concurred in:

Chipman, J.A.

Oland, J.A.

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