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

Judge:Gabrielson, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:January 16, 2015
Jurisdiction:Saskatchewan
Citations:(2015), 466 Sask.R. 316 (QB);2015 SKQB 16
 
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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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