CASE NO. VOLUME PAGE
Cite as: R. v. H. V.R., 1998 NSCA 183
H.V.R. HER MAJESTY THE QUEEN
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(Appellant) (Respondent)
C.A.C. No. 145067 Halifax, N.S. Bateman, J.A.
(Orally)
APPEAL HEARD: September 15, 1998
JUDGMENT DELIVERED: September 15, 1998
WRITTEN RELEASE OF ORAL: September 24, 1998
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Editorial Notice
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SUMMARY: Appellant convicted of sexually assaulting female hitchhiker. When responding to questioning by the police, he failed to mention a significant, exculpatory incident, to which he later testified at trial.
ISSUES: Did the judge fail to properly apply R. v. W.(D.); did he err in drawing an inference in the absence of evidence; did he wrongly rely upon the appellant's failure to make a post arrest utterance?
RESULT: Appeal dismissed. Judge properly applied R. v. W.(D.). Given the nature of the questioning of the appellant by the police it was appropriate for the trial judge, in assessing the appellant's credibility, to take into account his failure to refer to a key exculpatory explanation of the circumstances to which he later testified.
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This information sheet does not form part of the Court's decision. Quotes must be from the decision, not this cover sheet. The full court decision consists of 2 pages.
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