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R. v. M. (W.H.)

[1992] 1 SCR 984 Court SCC Decision date 1992-04-27 Docket 22285 English

PartiesHer Majesty The Queen Appellant·W.H.M. Respondent

Judges La Forest, Gérard V.; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William; Iacobucci, Frank

Decision 5–1–1 Majority (5) · La Forest J. (1) · Iacobucci J. (1)

On appeal from Prince Edward Island

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

La Forest J.

La Forest J. ‑‑ It will not be necessary to hear from you Mr. Hennessey. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Iacobucci.
//Iacobucci J.//

Iacobucci J.

Iacobucci J. ‑‑ This appeal comes to us as of right. We are all of the view that the appeal should be dismissed. We agree with the conclusions of the majority of the Appeal Division of the Supreme Court of Prince Edward Island that the trial judge made no error of law with respect to the standard of proof he applied, the proper consideration of the evidence before him, and the issue of credibility of a child witness.
Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: The Attorney General of Prince Edward Island, Charlottetown.
Solicitors for the respondent: Foster, O'Keefe, Charlottetown.