R. v. Plesh (G.W.), (1996) 74 B.C.A.C. 278 (YukCA)
Judge | Goldie, Finch and Ryan, JJ.A. |
Court | Court of Appeal (Yukon Territory) |
Case Date | January 25, 1996 |
Jurisdiction | Yukon |
Citations | (1996), 74 B.C.A.C. 278 (YukCA) |
R. v. Plesh (G.W.) (1996), 74 B.C.A.C. 278 (YukCA);
121 W.A.C. 278
MLB headnote and full text
Regina (respondent) v. Gregory Wayne Plesh (appellant)
(C.A. 94-YU289)
Indexed As: R. v. Plesh (G.W.)
Yukon Court of Appeal
Goldie, Finch and Ryan, JJ.A.
April 3, 1996.
Summary:
The accused was convicted of sexual assault in the Yukon Territorial Court. He appealed against conviction.
The Yukon Court of Appeal, Ryan, J.A., dissenting, allowed the appeal, set aside the conviction and ordered a new trial.
Criminal Law - Topic 4300
Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses - At a sexual assault trial, the trial judge clearly found she did not disbelieve the accused because of his courtroom demeanour - She found both the complainant and accused were straightforward, clear and factual in the way they testified - She found the account of events by both was "very credible" - However, after reviewing the important aspects of both witnesses' evidence, the judge found the accused's testimony "illogical" and the complainant's "logical" - The judge proceeded to "accept" the complainant's evidence as to what occurred, overlooking her earlier conclusions of believability - The Yukon Court of Appeal held that the trial judge failed to apply the standard of proof beyond a reasonable doubt to the evidence and facts - See paragraphs 7 to 16.
Cases Noticed:
Faryna v. Chorny, [1951] 4 W.W.R.(N.S.) 171 (B.C.C.A.), refd to. [para. 21].
R. v. Twist (1980), 16 C.R.(3d) 94 (B.C.C.A.), refd to. [para. 27].
Counsel:
K.R. Ruddy and P. O'Brien, for the appellant;
R. Garson, for the respondent.
This appeal was heard in Vancouver, British Columbia, on January 25, 1996, before Goldie, Finch and Ryan, JJ.A., of the Yukon Court of Appeal. The decision of the court was delivered on April 3, 1996, and the following opinions were filed:
Finch, J.A. (Goldie, J.A., concurring) - see paragraphs 1 to 17;
Ryan, J.A., dissenting - see paragraphs 18 to 30.
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