Appeal from conviction for various offences including robbery and kidnapping. Central issue at trial was the credibility of two Crown witnesses. Trial judge’s reasons were inaccurate regarding one of the witness’s criminal record. Issue on appeal of whether these conceded inaccuracies tainted the credibility finding and verdict.
Held: Appeal dismissed.
“The trial judge did not make his credibility finding on any one factor…any errors in the judge’s understanding of the details of Dickinson’s criminal record are not sufficient to taint his credibility findings with palpable and overriding error”. Trial judge found that the witness was forthright and candid, admitted his criminal record, and that his testimony held up under cross-examination. Details regarding the criminal record did not play an “essential part in the reasoning process resulting in the conviction”: Lohrer, 2004 SCC 80.
M. Bates – Defence Counsel