Court of Appeal

Judge:

The Honourable Chief Justice Michael MacDonald

Appeal Heard:

June 3, 2015, in Halifax, Nova Scotia

Subject:

Criminal law; sexual assault; credibility; child witnesses; sufficiency of reasons

Summary:

The appellant seeks to set aside his conviction for sexually assaulting his teenaged niece during a sleepover at his home. Listing five grounds of appeal, the appellant essentially alleges that the trial judge erred by committing palpable and overriding errors of fact, rendering an unreasonable verdict, and issuing deficient reasons. He suggests that, considering these errors either alone or combined, the verdict is unsafe.

Issue:

1. Did the judge commit palpable and overriding errors of fact?

2. Was the verdict reasonable?

3. Were the judge's reasons deficient?

Result:

Appeal dismissed. The decision revealed no palpable and overriding errors of fact. A careful review of the record confirmed that the verdict was reasonable. The judge's reasons were adequate in the circumstances.