C.A.C. No. 107989 NOVA SCOTIA COURT OF APPEAL Chipman, Jones and Freeman, JJ.A. and HER MAJESTY THE QUEEN Respondent Revised Decision: The text of the original decision has been revised to remove personal identifying information of the parties on January 27, 2008. Cameron S. McKinnon for the Appellant Robert C. Hagell for the Respondent Appeal Heard: October 6, 1994 Judgment Delivered: October 6, 1994 THE COURT: Appeal dismissed per oral reasons for judgment of Jones, J.A.; Chipman and Freeman, JJ.A. concurring. Publishers of this case please take note that Section 486(3) of the Criminal Code applies and may require editing of this judgment or its heading before publication. The subsection provides: (3) Subject to subsection (3.1), where an accused is charged with an offence under section 151, 152, 153, 155, 159, 160, 170, 171, 172, 173, 271, 272, 273, 346 or 347, the presiding judge or justice may make an order directing that the identity of the complainant or of witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way. The reasons for judgment of the Court were issued orally by: JONES, J.A.: On June 15, 1994 G.A.L. was found guilty on two counts of indecent assault against S.S. and B.J.R. between January 1, 1973 and December 31, 1977. These assaults took place in trailer where the two girls, at the time, were living with their mother who was in common‑law relationship with G.A.L.. The assaults consisted of repeated fondling of the breasts and vagina of B.J.R. when she was between 13 and 16 years old. There was one incident of fondling of the breast of S.S. when she was between 14 and 17 and on another occasion, an attempt to pull down the zipper on her pants. B.J.R. and S.S. left home in 1977. B.J.R. made complaint with respect to these incidents in 1992. S.S. complained at the same time after talking to B.J.R.. At the time the first incident occurred G.A.L. was 55 years old. He was employed full time and was not user of drugs or alcohol. Shortly after the girls left home their mother moved in with them. Approximately two years after that G.A.L. married his present wife. There was a substantial conflict in the evidence. The appellant denied assaulting the complainants. The trial judge, after carefully considering the evidence, convicted the appellant on both counts. He sentenced the appellant to nine (9) months imprisonment with respect to the assault on B.J.R. to be followed by two years probation. The sentence on the second count was one month consecutive. The appellant has appealed from his convictions. There are five grounds of appeal. We have carefully considered the grounds of appeal and we can find no error on the part of the trial judge in conducting the trial or in weighing the evidence. The main issue on the trial was the matter of credibility. In assessing that issue the trial judge carefully considered the evidence of the witnesses including the contradictions in the testimony. After carefully reviewing the evidence we cannot say that the verdict was unreasonable or not supported by the evidence and accordingly the appeal is dismissed. Jones, J.A. Concurred in: Chipman, J.A. Freeman, J.A. CANADA PROVINCE OF NOVA SCOTIA 1994 C.A.C. IN THE NOVA SCOTIA COURT OF APPEAL on appeal from THE SUPREME COURT OF NOVA SCOTIA HER MAJESTY THE QUEEN G.A.L. HEARD BEFORE: The Honourable Justice J.E. Scanlan PLACE HEARD: Truro, Nova Scotia DATES HEARD: June 14 and 15, 1994 COUNSEL: Susan MacKay, for the Crown Cameron S. McKinnon, for the Defendant CASE ON APPEAL C.A.C. No. 107989 NOVA SCOTIA COURT OF APPEAL and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT BY: JONES, J.A. (orally)
The appellant was convicted of indecent assault against two young girls. He appealed on five grounds related to a substantial conflict in the evidence. Dismissing the appeal, that there was no error on the part of the trial judge in weighing the evidence.