EVIDENCE - Witnesses - Credibility

Law360 Canada (October 19, 2022, 2:03 PM EDT) -- Appeal by PH from his conviction for sexual assault on the grounds that the judge erred in assessing credibility in the context of the framework set out in R v. W(D). PH was convicted on three counts of sexual assault. He received a sentence of four years in prison for each of the sexual assault convictions, with the sentences ordered to be served concurrently. The convictions for sexual assault followed a finding that PH was in a sexual relationship with the complainant when the complainant was under 16 years of age, and PH was over 40 years old. PH testified at trial, and he denied any sexual activity with the complainant. PH submitted the judge erred in assessing his credibility, and in not accepting his evidence. He contended the judge's alleged errors in assessing credibility resulted in an unreasonable verdict....

Related Sections