What is the test for credibility and reasonable doubt in a sexual assault case?

New Brunswick, Canada


The following excerpt is from S.S. v. R., 2011 NBCA 75 (CanLII):

This Court’s role is not to retry cases, nor is it to substitute its view of the evidence for the view of the trial judge. However, it is required to consider whether the court below has committed a palpable and overriding error of fact, or an error in the application of law to the facts (see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235). A. Whether the trial judge failed to provide adequate reasons for her conclusions on credibility and reasonable doubt.

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