R. v. S.E.Q., (2015) 466 Sask.R. 316 (QB)

JudgeGabrielson, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateJanuary 16, 2015
JurisdictionSaskatchewan
Citations(2015), 466 Sask.R. 316 (QB);2015 SKQB 16

R. v. S.E.Q. (2015), 466 Sask.R. 316 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.052

S.E.Q. (appellant) v. Her Majesty the Queen (respondent)

(2014 QBCA No. 32; 2015 SKQB 16)

Indexed As: R. v. S.E.Q.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

January 16, 2015.

Summary:

The accused was convicted of assault (s. 266 of the Criminal Code). The complainant was the accused's former common law spouse. The accused appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 4300

Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused) - The accused was convicted of assault (s. 266 of the Criminal Code) - The complainant was the accused's former common law spouse - On appeal, the accused asserted that the trial judge had made unreasonable findings regarding credibility and errors regarding the burden of proof - The Saskatchewan Court of Queen's Bench dismissed the appeal - In applying the D.W. test, the trial judge specifically stated that he disbelieved the accused's evidence and went on to explain why - The trial judge also dealt with several issues of inconsistencies in the complainant's evidence, yet he concluded that her evidence was credible and provided reasons for why he had found her to be credible - The trial judge's findings of fact regarding the complainant's credibility and the accused's lack of credibility were supported by a reasonable review of the evidence.

Criminal Law - Topic 4379

Procedure - Charge or directions - Judge or jury alone - Directions re evidence of character or credibility of accused - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 4377

Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 5404

Evidence and witnesses - Witnesses - Credibility - [See Criminal Law - Topic 4300 ].

Cases Noticed:

R. v. Hunchak (W.) (2014), 453 Sask.R. 276; 2014 SKQB 257, appld. [para. 5].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 6].

R. v. J.M. (2002), 207 N.S.R.(2d) 262; 649 A.P.R. 262; 167 C.C.C.(3d) 401; 2002 NSCA 99, dist. [para. 7].

R. v. B.G.S. (2010), 346 Sask.R. 150; 477 W.A.C. 150; 2010 SKCA 24, dist. [para. 10].

R. v. R.E.M., [2008] 3 S.C.R. 3; 380 N.R. 47; 260 B.C.A.C. 40; 439 W.A.C. 40; 2008 SCC 51, appld. [para. 11].

R. v. Burke (J.) (No. 3), [1996] 1 S.C.R. 474; 194 N.R. 247; 139 Nfld. & P.E.I.R. 147; 433 A.P.R. 147, refd to. [para. 12].

Counsel:

Brian R. Pfefferle, for the appellant;

Sheryl J. Fillo, for the Crown.

This appeal was heard by Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on January 16, 2015.

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2 practice notes
  • Digest: R v Dorie, 2018 SKPC 67
    • Canada
    • Saskatchewan Law Society Case Digests
    • 19 Diciembre 2018
    ...NSCA 99, 207 NSR (2d) 262, 167 CCC (3d) 401, 7 CR (6th) 257 R v Nataucappo, 2015 SKCA 28, [2015] 7 WWR 711, 322 CCC (3d) 69 R v Quintin, 2015 SKQB 16, 466 Sask R 316 ...
  • R. v. Dorie, 2018 SKPC 67
    • Canada
    • Provincial Court of Saskatchewan (Canada)
    • 19 Diciembre 2018
    ...accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused. [6] In paragraph seven of R v Quintin, 2015 SKQB 16, Justice Gabrielson, quoting from R v Mah, 2002 NSCA 99, reminds one that the focus behind the W.D. test and criminal trials is not a questio......
1 cases
  • R. v. Dorie, 2018 SKPC 67
    • Canada
    • Provincial Court of Saskatchewan (Canada)
    • 19 Diciembre 2018
    ...accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused. [6] In paragraph seven of R v Quintin, 2015 SKQB 16, Justice Gabrielson, quoting from R v Mah, 2002 NSCA 99, reminds one that the focus behind the W.D. test and criminal trials is not a questio......
1 books & journal articles
  • Digest: R v Dorie, 2018 SKPC 67
    • Canada
    • Saskatchewan Law Society Case Digests
    • 19 Diciembre 2018
    ...NSCA 99, 207 NSR (2d) 262, 167 CCC (3d) 401, 7 CR (6th) 257 R v Nataucappo, 2015 SKCA 28, [2015] 7 WWR 711, 322 CCC (3d) 69 R v Quintin, 2015 SKQB 16, 466 Sask R 316 ...

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