By John L. Hill ( August 29, 2023, 2:36 PM EDT) -- Too often our appellate courts when faced with conflicting testimony (typical in He said/She said cases) apply the test set out in R. v. W. (D.) [D.W.], [1991] 1 S.C.R. 742 as a foolproof means of weighing credibility. The three-step process in W. (D.) requires an acquittal if the accused is believed; an acquittal if the trier of fact does not know which story to believe; and an acquittal if left with a reasonable doubt when the accused is not believed....