Can a learned trial judge still have a reasonable doubt in a sexual assault case?
Ontario, Canada
The following excerpt is from R. v. Mullen, 2004 CanLII 49276 (ON SC):
The basis of this appeal is that the learned trial judge erred in that he did not apply the test enunciated in R v. W. (D.) (1991), 1991 CanLII 93 (SCC), 63 C.C.C. (3d) 397. In particular, the learned trial judge failed to consider the second situation discussed in W. (D.) being that not having accepted the evidence of the accused, did he still have a reasonable doubt.
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