New & Notable: Focusing on a proper assessment of credibility

RJH was convicted after trial of sexual assault and sexual interference against AD, an 11 year-old girl and KM a 13 year-old girl.


RJH was 32 years old at the time of the offences and knew KM from her birth. AD was a close friend of KM’s and met RJH through her friend. All three communicated regularly by computer chats. KM testified that RJH asked her to have sex with him while they were in his truck. KM said no. Undeterred, RJH pulled down her pants and panties and tried, unsuccessfully, to insert his penis into her vagina. One month later KM reported the incident to police. AD testified that while in RJH’s truck, RJH picked her up, put her on his lap and asked her to have sex. RJH asked more than once and AD kept saying no. KM was driving the truck when this happened. RJH testified and denied the offences.

RJH was convicted after trial and appealed: 2012 NLCA 44.

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