Jun 1, 2020

MLB Headnote and Key Numbers

R. v. R.D., 2016 ONCA 574 (CanLII)

R. v. R.D. (2016), 352 O.A.C. 350 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. JL.018

Her Majesty the Queen (respondent) v. R.D. (appellant)

(C59486; 2016 ONCA 574)

Indexed As: R. v. R.D.

Ontario Court of Appeal

Laskin, Cronk and Miller, JJ.A.

July 19, 2016.

Summary:

The accused appealed convictions relating to the sexual abuse of his step-daughter. After finding the step-daughter's testimony to be credible and reliable, the trial judge concluded: "Having accepted the evidence of the complainant, as I do, having found her testimony to be credible and reliable, I am prepared to flatly reject the conflicting testimony of the accused even though there are no obvious flaws with it." The accused appealed, arguing that: (1) in rejecting the accused's evidence because he accepted the complainant's evidence, the trial judge erroneously relied on R. v. J.J.R.D. (ONCA 2006); (2) the trial judge misapplied the burden of proof; and (3) the trial judge erred by holding that the step-daughter's prior out-of-court statements to her mother were inadmissible.

The Ontario Court of Appeal dismissed the appeal. The court stated that "At bottom, the appellant challenges the trial judge's credibility findings. There is no basis for this court to interfere with those findings."

Courts - Topic 583

Judges - Duties - Re reasons for decisions - See paragraphs 6 to 23.

Criminal Law - Topic 4296

Procedure - Trial judge - Duties and functions of - Prior out-of-court statements by principal witnesses - See paragraphs 31 to 39.

Criminal Law - Topic 4300

Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused) - See paragraphs 6 to 30.

Criminal Law - Topic 4684

Procedure - Judgments and reasons for judgment - Reasons for judgment - Sufficiency of Re credibility findings - See paragraphs 6 to 23.

Criminal Law - Topic 5420

Evidence and witnesses - Witnesses - Out of court statements (incl. videotaped statements) - See paragraphs 31 to 39.

Counsel:

Bran Greenshields, for the accused;

Katherine Beaudoin, for the Crown.

This appeal was heard on March 8, 2016, before Laskin, Cronk and Miller, JJ.A. The following decision was delivered for the court on July 19, 2016, by Laskin, J.A.