W.E.M. v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case)


Criminal law - Evidence, Assessment.


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Criminal law – Evidence – Assessment – Whether the Court of Appeal erred in law – Was the applicant convicted by failing to put the Crown to its burden of proof beyond a reasonable doubt and failing to give effect to the presumption of innocence – Was the applicant's conviction founded on material misapprehensions of evidence and problematic reasoning – Were these errors improperly excused by the Appellate Court contrary to powers of an appellate court and the principles in R. v. Lohrer, 2004 SCC 80.

After a trial by judge alone, the applicant was convicted of sexual touching and sexual assault. The Court of Appeal dismissed the conviction appeal.