What are the reasons given by a trial judge in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. P.W., 2003 BCCA 542 (CanLII):
This reason may be found in the inadequacy of the reasons. It is settled law that a trial judge must not only assess the credibility of witnesses but also indicate that he or she has done so: White v. R., 1947 CanLII 1 (SCC), [1947] 89 C.C.C. 148 (S.C.C.). The trial judge explained carefully why she accepted the complainant’s testimony, responding to each defence submission in that regard. While her comment about the testimony of the appellant may not have been complete, it was sufficient to indicate that she had considered his credibility and found it wanting.
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