Summary

36680

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

(Alberta) (Criminal) (By Leave)

(Publication ban in case)

Keywords

Criminal law - Evidence, Assessment.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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.