R. v. Chornenki, (1981) 14 Man.R.(2d) 46 (CoCt)

• Judge: Coleman, J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 05, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 14 Man.R.(2d) 46 (CoCt)

R. v. Chornenki (1981), 14 Man.R.(2d) 46 (CoCt)

MLB headnote and full text

R. v. Chornenki

Indexed As: R. v. Chornenki

Manitoba County Court

Coleman, J.

October 5, 1981.

Summary:

An accused was charged with four counts of indecent assault, involving four young girls, aged five to thirteen.

The Manitoba County Court convicted the accused.

Criminal Law - Topic 5463

Evidence and witnesses - Evidence of children - Corroboration - The Manitoba County Court referred to the well established rule of practice that it was dangerous to convict an accused on the uncorroborated evidence of young children, even if sworn - See paragraphs 1 to 3.

Criminal Law - Topic 5401

Evidence and witnesses - Witnesses - General - The Manitoba County Court referred to the factors upon which a court bases its acceptance or nonacceptance of a witness's evidence - See paragraph 7.

Cases Noticed:

Kendall v. The Queen, [1962] S.C.R. 469; 132 C.C.C. 216; 37 C.R. 179, appld. [para. 1].

R. v. Timmant and Nacatarato (1975), 31 C.R.N.S. 1, appld. [para. 2].

R. v. Horsborough, [1968] 2 C.C.C. 288; 2 C.R.N.S. 228; [1967] S.C.R. 746; 63 D.L.R.(2d) 699; revd. [1966] 3 C.C.C. 240; 47 C.R. 151; [1966] 1 O.R. 739; 55 D.L.R.(2d) 289, appld. [para. 2].

R. v. Cullin, [1975] 6 W.W.R. 153, appld. [para. 3].

Statutes Noticed:

Evidence Act, R.S.C. 1970, c. E-10, sect. 16 [para. 1].

Criminal Code, R.S.C. 1970, c. C-34, sect. 586 [para. 1].

Authors and Works Noticed:

Cross on Evidence (5th Ed.), p. 204 [para. 3].

Counsel:

S. Leinburd, for the Crown;

M. Skremetka, for the accused.

This case was heard before COLEMAN, J., of the Manitoba County Court. The decision of COLEMAN, J., was delivered orally on October 5, 1981: