EVIDENCE — Methods of proof — Inferences — From conduct

Law360 Canada (May 14, 2024, 10:34 AM EDT) -- Appeal by O'Hanley from her convictions for second degree murder, indecently interfering with human remains and accessory after the fact to murder. O'Hanley was charged along with Hall, Narvey and Sinkovits with murdering Reimer-Wiebe. Shortly after Hall claimed that she had been sexually assaulted by Reimer-Wiebe, Narvey and Sinkovits assaulted, confined, and tortured Reimer-Wiebe in the basement of the residence they shared with O'Hanley and Hall. O’Hanley testified that, despite witnessing the initial assault and living in the residence, she was unaware that Reimer-Wiebe was being confined and tortured in the basement. She denied knowing that Reimer-Wiebe’s body was in her SUV when she drove the others to Portage la Prairie. The trial judge categorically rejected O’Hanley’s testimony, finding her to be a skillful liar who provided some elements of truth in her dishonest story. The trial judge made other key findings, among others, that O’Hanley witnessed Narvey and Sinkovits assault Reimer-Wiebe three to four days before they disposed of the body. On appeal, O’Hanley submitted that the trial judge failed to apply the Villaroman test and drew unreasonable factual inferences, resulting in an unreasonable verdict and that he erred when assessing O’Hanley’s credibility by relying on myths or stereotypes....
LexisNexis® Research Solutions

Related Sections