Case information
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34288
Her Majesty the Queen v. T.L.M.
(Newfoundland & Labrador) (Criminal) (As of Right)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-03-08 | Appeal closed | |
| 2012-02-29 | Transcript received, (24 pages) | |
| 2012-02-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-02-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-02-14 |
Judgment on the appeal rendered, De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 10/26, 2011 NLCA 24, dated April 8, 2011, was heard this day and the following judgment was rendered orally: DESCHAMPS J. - We agree with Hoegg J.A., dissenting at the Court of Appeal, that the trial judge committed no reviewable error. Therefore, the appeal is allowed. Having heard the parties, we also agree with the dissenting judge that Count No. 1 should be stayed and that the convictions on the other Counts should be restored. Allowed |
|
| 2012-02-14 | Respondent's condensed book, (14 copies) distributed in Court | T.L.M. |
| 2012-02-14 | Appellant's condensed book, (14 copies) distributed in Court | Her Majesty the Queen |
| 2012-02-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-02-14 |
Hearing of the appeal, 2012-02-14, De F Abe Ro Cro Mo Ka Judgment rendered |
|
| 2012-02-09 | Notice of appearance, Stephen Dawson will be present at hearing | Her Majesty the Queen |
| 2012-02-06 | Notice of appearance, (Letter Form), Derek Hogan will be present at hearing | T.L.M. |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 |
Appeal hearing scheduled, 2012-02-14 Judgment rendered |
|
| 2011-10-06 | Appeal perfected for hearing | |
| 2011-10-03 | Respondent's book of authorities, Completed on: 2011-10-03 | T.L.M. |
| 2011-10-03 | Respondent's factum, Completed on: 2011-10-03 | T.L.M. |
| 2011-08-30 | Correspondence received from, Derek Hogan by fax, re.: Mr. Hogan is representing T.L.M. (original rec'd Sept. 6/11) | T.L.M. |
| 2011-08-18 | Appellant's book of authorities, Completed on: 2011-08-18 | Her Majesty the Queen |
| 2011-08-18 | Appellant's record, Vol. I to III (Amended vol. I requested with signed lower court judgments - rec'd Aug. 25/11), Completed on: 2011-08-25 | Her Majesty the Queen |
| 2011-08-18 | Appellant's factum, Completed on: 2011-08-18 | Her Majesty the Queen |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2011-06-16 | Order on motion to extend time to serve and/or file notice of appeal, (BY CHARRON) | |
| 2011-06-16 |
Decision on motion to extend time to serve and/or file notice of appeal, Cha, to May 30, 2011 Granted |
|
| 2011-06-16 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Cha | |
| 2011-05-31 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), (hand written) from respondent dated May 31/11, Completed on: 2011-05-31 | T.L.M. |
| 2011-05-26 | Motion to extend the time to serve and/or file the notice of appeal, to May 30/11, Completed on: 2011-05-26 | Her Majesty the Queen |
| 2011-05-26 | Notice of appeal, Service missing - Rec'd on June 3, 2011, Completed on: 2011-06-03 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| T.L.M. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1B 6C9
Telephone: (709) 729-6885
FAX: (709) 729-1135
Email: stephendawson@gov.nl.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: T.L.M.
Counsel
251 Empire Avenue
Suite 300
St. John's, Newfoundland & Labrador
A1C 3H9
Telephone: (709) 753-7860
FAX: (709) 753-0026
Email: derekhogan@legalaid.nl.ca
Agent
85 Plymouth St.
Ottawa, Ontario
K1S 3E2
Telephone: (613) 233-4474 Ext: 290
FAX: (613) 233-8868
Email: hgeller@doucetmcbride.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Evidence - Similar fact evidence - Admissibility - Probative value - Whether the trial judge erred in his interpretation and application of the law when he admitted the similar fact evidence - Application of R. v. Handy, [2002] 2 S.C.R. 908.
The respondent, T.L.M. was convicted of sexual assault, sexual interference and invitation to touch for a sexual purpose. He was the uncle, by marriage, of the complainant. She was 8 to 10 years old at the time of the alleged offences. In each instance, the offence was alleged to have occurred with only the complainant and T.L.M. present, although others were said to have been nearby on several occasions. The trial judge admitted as similar fact evidence an agreed statement of facts relating to T.L.M.’s prior conviction for sexual assault on another eight year old girl at her home. The trial judge found that it served to rebut the defences of innocent association and lack of opportunity, and bolstered the complainant’s credibility. The majority of the Court of Appeal allowed T.L.M.’s appeal and ordered a new trial. In its view, the trial judge erred in according undue probative value to the similar fact evidence in the context of the test for admissibility. Finding the trial judge’s decision to admit the evidence deserving of deference, and finding no error in his approach or analysis in doing so, Hoegg J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
200901T2365, 2010 NLTD 11
See file
Supreme Court of Newfoundland and Labrador - Court of Appeal
10/26, 2011 NLCA 24
See file
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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