|
BRITISH COLUMBIA - Court of Appeal: R. v. R.T. [2004] B.C.J. No. 2563; 2004 BCCA 633 |
 |
 |
 |
BRITISH COLUMBIA
Court of Appeal
R. v. R.T. [2004] B.C.J. No. 2563; 2004 BCCA 633
FACTS: Application for appeal from conviction of 4 counts of sexual offences. The victims were the appellant's 2 foster children. Both had recognizable symptoms of FASD. The judge allowed similar fact evidence. The evidence from one complainant reinforced the other's evidence. Without this evidence, reasonable doubt would not have been established. The appellant submitted that the similar fact evidence should not have been admitted.
HELD: The appeal was dismissed. There was no error in connecting the evidence of the two boys. The trial judge did not err in allowing the similar fact evidence to prove actus reus and credibility. The complainants' FASD disability did not detract from the weight of the evidence.
|
