R. v. C.J.E., (1998) 111 B.C.A.C. 290 (YukCA)

• Judge: Hinds, Richard and Donald, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 25, 1998
• Jurisdiction: Yukon
• Citations: (1998), 111 B.C.A.C. 290 (YukCA)

R. v. C.J.E. (1998), 111 B.C.A.C. 290 (YukCA);

   181 W.A.C. 290

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. SE.040

Regina (respondent) v. C.J.E. (appellant)

(CA97-YU389)

Indexed As: R. v. C.J.E.

Yukon Court of Appeal

Hinds, Richard and Donald, JJ.A.

August 25, 1998.

Summary:

The accused appealed his conviction on two counts of gross indecency.

The Yukon Court of Appeal allowed the appeal, quashed the conviction and ordered a new trial.

Criminal Law - Topic 655

Sexual offences - General rules - Corrobor­ation - General - [See Criminal Law - Topic 5422 ].

Criminal Law - Topic 5422

Evidence - Witnesses - Examination of accused - Credibility - The accused was charged with two counts of gross inde­cency against the 10 year old daughter of his then girlfriend - The complainant al­legedly complained to her then 11 year old girlfriend about the accused's actions - The trial judge used the evidence of the girl­friend to support the complainant's evi­dence on the critical facts (the details of the alleged gross indecency) and thereby refute the accused's credibility - The Yukon Court of Appeal held that the trial judge erred in law in doing this - See paragraphs 19 to 25.

Evidence - Topic 1130

Relevant facts, relevance and materiality - Relevance of evidence offered - Prior consistent statements - [See Criminal Law - Topic 5422 ].

Cases Noticed:

R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161; 89 C.C.C.(3d) 193, refd to. [para. 16].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 22].

R. v. Ay (1994), 59 B.C.A.C. 161; 98 W.A.C. 161; 93 C.C.C.(3d) 456 (C.A.), refd to. [para. 22].

Counsel:

Edward Horembala, Q.C., for the appel­lant;

Judy Hartling, for the respondent.

This appeal was heard before Hinds, Richard and Donald, JJ.A., for the Yukon Court of Appeal at Whitehorse, Yukon Territory on May 25, 1998. The decision of the court was delivered at Vancouver, British Columbia on August 25, 1998 by Hinds, J.A.