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R. v. H. (N.G.)

[1998] 1 SCR 318 Court SCC Decision date 1998-02-27 Docket 25705 English

PartiesHer Majesty The Queen Appellant·N.G.H. Respondent

Judges L'Heureux-Dubé, Claire; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Bastarache, Michel; Binnie, William Ian Corneil

Delivered by Cory J.

On appeal from British Columbia

Subjects Criminal law

Contents

Cory J.

Cory J. ‑‑ On our review and analysis of the evidence we find that the British Columbia Court of Appeal erred in concluding that the trial judge misapprehended the evidence. There was evidence in the testimony of L.E. upon which the finding of guilt could be properly based.
Much of this case turned on credibility on which the trial judge properly made clear findings particularly in accepting the complainant’s testimony and rejecting that of the accused.
The appeal is therefore allowed. We agree with the British Columbia Court of Appeal that the verdict was not unreasonable and the cross‑appeal is therefore dismissed.
The order of the British Columbia Court of Appeal is set aside and the conviction is restored.