Case # 35361
Gary Edward Yelle v. Her Majesty the Queen (January 22, 2014)
At issue in this appeal is whether the majority decision was unreasonable. The appellant was charged with sexual assault and uttering threats. The jury found appellant guilty of the lesser charge and included offence of assault. The Crown’s position was that the appellant struck the complainant only to facilitate sexual intercourse. Although photos of the complainant’s injuries were tendered at trial, there was no DNA evidence tendered to support the charges. There were also significant inconsistencies with the complainant’s evidence. The appellant’s appeal was dismissed in a majority decision by the Northwest Territories Court of Appeal. The Supreme Court is reviewing whether the majority decision was unreasonable.