R. v. R.H.M., (1991) 1 B.C.A.C. 316 (CA)

JudgeAnderson, Toy and Wood, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJune 10, 1991
JurisdictionBritish Columbia
Citations(1991), 1 B.C.A.C. 316 (CA)

R. v. R.H.M. (1991), 1 B.C.A.C. 316 (CA);

    1 W.A.C. 316

MLB headnote and full text

Regina (respondent) v. R.H.M. (appellant)

(No. CA013264)

Indexed As: R. v. R.H.M.

British Columbia Court of Appeal

Anderson, Toy and Wood, JJ.A.

June 10, 1991.

Summary:

The accused appealed his convictions for break and enter and sexual assault.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5253

Evidence - Witnesses - Identification - Proof of - The complainant positively identified the accused as the person who broke into her home and sexually assaulted her - She and her boyfriend testified that it was 6:30 or 6:35 a.m. - There was credible evidence that the accused was home (next door) at 6:20 and did not leave - The complainant knew the accused - The British Columbia Court of Appeal held that given the positive identification it was reasonable, notwithstanding the time discrepancies, to convict the accused - The complainant's evidence as to time could be unreliable or the clock may have been inaccurate.

Counsel:

R.C. Reid, for the appellant;

   W. Rubin, for the Crown.

This appeal was heard before Anderson, Toy and Wood, JJ.A., of the British Columbia Court of Appeal.

On June 10, 1991, Anderson, J.A., delivered the following judgment orally for the Court of Appeal.

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