Accused convicted as alibi evidence was neither credible nor reliable

Supreme court | Criminal Law | Offences against the person and reputation | Sexual assault

Accused appealed his convictions for sexual assault, assault, unlawful confinement, uttering threats, and attempting to choke complainant. Court of Appeal dismissed appeal. Appeal to Supreme Court of Canada dismissed. Read fairly, trial judge’s reasons made clear that alibi evidence was neither credible nor reliable.

R. v. Gulliver (2018), 2018 CarswellAlta 1010, 2018 CarswellAlta 1011, 2018 SCC 24, 2018 CSC 24, Abella J., Moldaver J., Gascon J., Brown J., and Rowe J. (S.C.C.); affirmed (2017), 2017 CarswellAlta 1756, 2017 ABCA 223, Ronald Berger J.A., Thomas W. Wakeling J.A., and Sheilah Martin J.A. (Alta. C.A.).

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