SUPREME COURT OF CANADA Citation : R v . T.L.M. , 2012 SCC 6, [2012] 1 S.C.R. 233 Date : 20120214 Docket : 34288 Between: Her Majesty The Queen Appellant and T.L.M. Respondent Coram : Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. Reasons for Judgment : (paras. 1 to 2) Deschamps J. (Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. concurring) R. v . T.L.M., 2012 SCC 6, [2012] 1 S.C.R. 233 Her Majesty The Queen Appellant v. T.L.M. Respondent Indexed as: R. v . T.L.M. 2012 SCC 6 File No.: 34288. 2012: February 14. Present: Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ.

on appeal from the court of appeal for newfoundland and labrador Criminal law — Evidence — Similar fact evidence — Admissibility of similar fact evidence relating to previous conviction of the accused for sexual assault — Trial judge did not err in admitting similar fact evidence. APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Welsh, Rowe and Hoegg JJ.A.), 2011 NLCA 24 , 307 Nfld. & P.E.I.R. 262, 954 A.P.R. 262, 271 C.C.C. (3d) 148, 85 C.R. (6th) 170, [2011] N.J.

No. 118 (QL), 2011 CarswellNfld 115, setting aside convictions entered by Adams J., 2010 NLTD 12 , 294 Nfld. & P.E.I.R. 308, 908 A.P.R. 308, [2009] N.J. No. 374 (QL), 2009 CarswellNfld 356. Appeal allowed. Stephen R. Dawson , for the appellant. Derek Hogan , for the respondent. The judgment of the Court was delivered orally by [ 1 ] Deschamps J. — We agree with Hoegg J.A., dissenting at the Court of Appeal, that the trial judge committed no reviewable error.

Therefore, the appeal is allowed. [ 2 ] Having heard the parties, we also agree with the dissenting judge that count No. 1 should be stayed and that the convictions on the other counts should be restored. Judgment accordingly. Solicitor for the appellant: Attorney General of Newfoundland and Labrador, St. John’s. Solicitor for the respondent : Newfoundland and Labrador Legal Aid Commission, St. John’s.