Canada Judgment

Supreme Court of Canada

R. v. Demedeiros

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Source document

01

Holding and result

The appeal is dismissed because appellate deference to the trial judge's credibility assessment was warranted and the verdict was not unreasonable; therefore the convictions for sexual assault with a weapon and unlawful confinement are upheld.

Court disposition

Appeal dismissed; convictions upheld.

Orders

  • Appeal dismissed.
  • Convictions for sexual assault with a weapon and unlawful confinement affirmed.

02

Material facts

Parties

Nelson Silva Demedeiros

Appellant Counsel: Heather Ferg; Karen B. Molle

Her Majesty The Queen

Respondent Counsel: Troy Couillard

Amounts and remedies

  • Case Number: 38,269

03

Procedural history

  1. Posture

    Criminal Appeal / Supreme Court of Canada Final Judgment (appeal Dismissed)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued the verdict was unreasonable and that the trial judge erred in assessing credibility, warranting overturning convictions for sexual assault with a weapon and unlawful confinement.
Respondent
Crown argued appellate courts must defer to the trial judge's credibility findings absent palpable and overriding error; the evidence could reasonably support the convictions and they should be upheld.

05

Court’s reasoning

  1. 01

    Supreme Court precedent / common law appellate review

    Deference to trial judge's credibility findings; appellate courts should not overturn credibility findings absent palpable and overriding error.

  2. 02

    Criminal law standards (Supreme Court jurisprudence)

    Verdict unreasonable standard: a conviction is unreasonable only if no reasonable jury properly instructed and acting judicially could have convicted on the evidence.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is dismissed because appellate deference to the trial judge's credibility assessment was warranted and the verdict was not unreasonable; therefore the convictions for sexual assault with a weapon and unlawful confinement are upheld.

Obiter and limits

  • Court confirmed the high degree of deference owed to trial judges on credibility findings, including in sexual assault contexts.

Court disposition

Appeal dismissed; convictions upheld.

  • Appeal dismissed.
  • Convictions for sexual assault with a weapon and unlawful confinement affirmed.

Source and reliance status

Supreme Court of Canada · 14 February 2019

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 14 February 2019

2019 SCC 11

R. v. Demedeiros Collection Supreme Court Judgments Date 2019-02-14 Neutral citation 2019 SCC 11 Report [2019] 1 SCR 568 Case number 38269 Judges Moldaver, Michael J.; Gascon, Clément; Brown, Russell; Rowe, Malcolm; Martin, Sheilah On appeal from Alberta Notes SCC Case Information Decision Content

SUPREME COURT OF CANADA Citation: R. v. Demedeiros, 2019 SCC 11, [2019] 1 S.C.R. 568 Appeal Heard: February 14, 2019 Judgment Rendered: February 14, 2019 Docket: 38269 Between: Nelson Silva Demedeiros Appellant and Her Majesty The Queen Respondent Coram: Moldaver, Gascon, Brown, Rowe and Martin JJ. Reasons for Judgment: (para.

1) Moldaver J. (Gascon, Brown, Rowe and Martin JJ. concurring) R. v. Demedeiros, 2019 SCC 11, [2019] 1 S.C.R. 568 Nelson Silva Demedeiros Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Demedeiros 2019 SCC 11 File No.: 38269. 2019: February 14. Present: Moldaver, Gascon, Brown, Rowe and Martin JJ. on appeal from the court of appeal for alberta Criminal law — Unreasonable verdict — Evidence — Assessment — Accused appealing convictions for sexual assault with weapon and unlawful confinement — Court of Appeal dismissing appeal — Deference owed to trial judge’s credibility assessment — Verdict not unreasonable — Convictions upheld. APPEAL from a judgment of the Alberta Court of Appeal (Berger, Costigan and Slatter JJ.A.), 2018 ABCA 241, 364 C.C.C. (3d) 271, 74 Alta. L.R. (6th) 1, 431 D.L.R. (4th) 650, [2018] 10 W.W.R. 293, [2018] A.J. No. 831 (QL), 2018 CarswellAlta 1313 (WL Can.), affirming the convictions entered by MacDonald Prov. Ct. J., 2016 ABPC 129, [2016] A.J. No. 983 (QL), 2016 CarswellAlta 1833 (WL Can.). Appeal dismissed. Heather Ferg and Karen B. Molle, for the appellant. Troy Couillard, for the respondent. The judgment of the Court was delivered orally by [1] Moldaver J. — We would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Judgment accordingly. Solicitors for the appellant: McKay Criminal Defence, Calgary; Karen Molle Law Office, Calgary. Solicitor for the respondent: Alberta Department of Justice, Edmonton.

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