R. v. M., L.
The Court found no misdirection on credibility; the trial judge was entitled to accept the young complainant's evidence and convict on the whole of the evidence; the sentence was not manifestly unfit given the gravity, multiplicity and degrading features of the offences and resulting harm, so both conviction and...
Source-derived case information.
- Citation
- C30365
- Parties
- Respondent: Her Majesty the Queen; Appellant: L. M. (A Young Person)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 November 1999
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence to Court of Appeal
- Outcome
- Appeal dismissed; conviction upheld; leave to appeal sentence granted but sentence appeal dismissed.
- Legal Topics
- Sexual Assault, Conviction Appeal, Sentence Appeal, Credibility of Young Complainant, Gang Assault
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
L. M. (A Young Person)
Appellant
Procedural Posture
Criminal / Appeal From Conviction and Sentence to Court of Appeal
Legal Issues
- 1 Whether the youth court judge misdirected himself on the standard of scrutiny for the young complainant's testimony
- 2 Whether the conviction was supported by the whole of the evidence
- 3 Whether the sentence was manifestly unfit or clearly unreasonable given the nature of the offences and youth sentencing principles
Ratio Decidendi
The Court found no misdirection on credibility; the trial judge was entitled to accept the young complainant's evidence and convict on the whole of the evidence; the sentence was not manifestly unfit given the gravity, multiplicity and degrading features of the offences and resulting harm, so both conviction and sentence appeals are dismissed.
Court Disposition
Appeal dismissed; conviction upheld; leave to appeal sentence granted but sentence appeal dismissed.
Orders
- Appeal against conviction dismissed.
- Leave to appeal sentence granted.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. M., L. Collection Decisions of the Court of Appeal Date 1999-11-10 Docket numbers C30365 Judges McMurtry, Roy; Finlayson, George Duncan; O’Connor, Dennis Subject Criminal Decision Content DATE: 19991110 DOCKET: C30365 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) –and– L. M. (A Young Person) (Appellant) BEFORE: McMURTRY C.J.O., FINLAYSON and O’CONNOR JJ.A. COUNSEL: James Tomlinson, for the appellant James A. Ramsay, for the respondent HEARD: November 4, 1999 On appeal from the conviction imposed by Belobradic J. dated September 10, 1998. ENDORSEMENT [1] We are not persuaded that the youth court judge misdirected himself as to the standard of scrutiny applicable to the testimony of the young complainant. He was entitled to accept her evidence as credible, which he did, and to convict the appellant on all of the evidence. [2] As to the sentence appeal, in our opinion, this disposition was not manifestly unfit or clearly unreasonable. The youth court judge had the benefit of a pre-disposition report. In the circumstances, denunciation and specific deterrence have to be given great weight. The appellant was found guilty of participating in a gang assault involving multiple acts of intercourse with four different men and the additional degrading feature of multiple acts of oral sex and nude photography. Sexually transmitted disease appears to have resulted along with psychological trauma. [3] Accordingly, the appeal against conviction is dismissed. Leave to appeal sentence is granted but the appeal is dismissed. Signed: “R.R. McMurtry C.J.O.” “G.D. Finlayson J.A.” “D. O’Connor J.A.”