Canada Judgment

Supreme Court of Canada

R. v. Yelle

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Source document

01

Holding and result

The jury's conviction for assault was reasonable in light of photographic evidence; the trial judge was not required to give a witness reliability warning in the circumstances; and the decision to instruct on the lesser included offence of assault was within the trial judge's discretion and entitled to deference.

Court disposition

Appeal dismissed; conviction for assault upheld

Orders

  • Appeal dismissed
  • Conviction for assault upheld

02

Material facts

Parties

Gary Edward Yelle

Appellant Counsel: Charles B. Davison

Her Majesty The Queen

Respondent Counsel: Susanne Boucher; François Lacasse

Amounts and remedies

  • Docket: 35,361

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal to the Supreme Court of Canada; Judgment Dismissed

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued the verdict was unreasonable and the trial judge should have given a warning regarding the reliability of the complainant's testimony; the instruction to the jury on the lesser included offence led to an unreasonable conviction.
Respondent
The Crown argued photographic evidence established assault beyond a reasonable doubt, no witness reliability warning was required in the circumstances, and the trial judge properly exercised discretion in instructing on the lesser included offence and that decision is entitled to deference.

05

Court’s reasoning

  1. 01

    Supreme Court of Canada jurisprudence (this judgment)

    A jury verdict will not be overturned on appeal unless it is unreasonable in light of the evidence

  2. 02

    Supreme Court of Canada jurisprudence (this judgment)

    Trial judges have discretion to instruct juries on lesser included offences where supported by the evidence and that discretion attracts appellate deference

  3. 03

    Supreme Court of Canada jurisprudence (this judgment)

    A cautionary warning about witness reliability is required only when particular concerns about credibility or reliability arise from the evidence

06

Ratio, limits and disposition

Ratio decidendi

The jury's conviction for assault was reasonable in light of photographic evidence; the trial judge was not required to give a witness reliability warning in the circumstances; and the decision to instruct on the lesser included offence of assault was within the trial judge's discretion and entitled to deference.

Court disposition

Appeal dismissed; conviction for assault upheld

  • Appeal dismissed
  • Conviction for assault upheld

Source and reliance status

Supreme Court of Canada · 22 January 2014

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 22 January 2014

2014 SCC 10

R. v. Yelle Collection Supreme Court Judgments Date 2014-01-22 Neutral citation 2014 SCC 10 Report [2014] 1 SCR 140 Case number 35361 Judges McLachlin, Beverley; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert; Moldaver, Michael J. On appeal from Northwest Territories Subjects Criminal law Notes SCC Case Information: 35361 Decision Content

SUPREME COURT OF CANADA Citation: R. v. Yelle, 2014 SCC 10, [2014] 1 S.C.R. 140 Date: 20140122 Docket: 35361 Between: Gary Edward Yelle Appellant and Her Majesty The Queen Respondent Coram: McLachlin C.J. and Abella, Rothstein, Cromwell and Moldaver JJ. Reasons for Judgment: (para.

1) McLachlin C.J. (Abella, Rothstein, Cromwell and Moldaver JJ. concurring) R. v. Yelle, 2014 SCC 10, [2014] 1 S.C.R. 140 Gary Edward Yelle Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Yelle 2014 SCC 10 File No.: 35361. 2014: January 22. Present: McLachlin C.J. and Abella, Rothstein, Cromwell and Moldaver JJ. on appeal from the court of appeal for the northwest territories Criminal law — Reasonable verdict — Accused charged with sexual assault and uttering threats — Jury returning guilty verdict to lesser included offence of assault — Jury’s verdict reasonable in light of photographic evidence establishing assault beyond a reasonable doubt — Trial judge not required in circumstances to give warning as to witness reliability — Trial judge’s decision to instruct on lesser offence of assault entitled to deference having regard to totality of evidence. APPEAL from a judgment of the Northwest Territories Court of Appeal (Paperny, Martin and Charbonneau JJ.A.), 2013 NWTCA 2, [2013] N.W.T.J. No. 47 (QL), 2013 CarswellNWT 49, upholding the conviction for assault entered by Shaner J., 2012 NWTSC 46, [2012] N.W.T.J. No. 52 (QL), 2012 CarswellNWT 48. Appeal dismissed. Charles B. Davison, for the appellant. Susanne Boucher and François Lacasse, for the respondent. The judgment of the Court was delivered orally by [1] The Chief Justice — We agree with the majority of the Court of Appeal that the verdict was not unreasonable. The appeal is therefore dismissed. Judgment accordingly. Solicitors for the appellant: Somba K’e Law Office, Yellowknife. Solicitor for the respondent: Public Prosecution Service of Canada, Yellowknife.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Yelle, 2014 SCC 10

Case cited

Shaner J., 2012 NWTSC 46

Case cited

Northwest Territories Court of Appeal, 2013 NWTCA 2

Case cited

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