Her Majesty the Queen v. T.L.M. (February 14, 2012)
This appeal concerns whether the trial judge erred in interpretation and application of the law. The respondent, T.L.M. was convicted of sexual assault, sexual interference and invitation to touch for a sexual purpose. The respondent was the uncle, by marriage, of the complainant. The complainant was 8 to 10 years old at the time of the alleged offences. The trial judge admitted an agreed statement of facts relating to the respondent’s prior conviction for sexually assaulting another young girl. The Court of Appeal allowed the respondent’s appeal and ordered a new trial. The issue in this hearing is whether the trial judge erred in admitting the similar fact evidence.