R. v. Clarke (G.), 2013 ONSC 3232
| Jurisdiction | Ontario |
| Judge | Skarica, J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | CRIMINAL LAW,EVIDENCE |
| Date | 03 June 2013 |
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5 practice notes
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Character Evidence: Primary Materiality
...Code , above note 55, s 276(2). 305 R v Boone , 2016 ONCA 227, leave to appeal to SCC refused, [2016] SCCA No 238. 306 R v Clarke , 2013 ONSC 3232. THE LAW OF EVIDENCE 124 section 276(2) prohibits particular inferences . 307 It does not purport to prohibit all sexual experience evidence dir......
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Table of cases
...626 R v Clarke (1998), 18 CR (5th) 219 (Ont CA) ........................ 48–49, 105, 244, 607 R v Clarke, 2013 ONSC 3232...................................................................... 123, 626 R v Clarkson, [1986] 1 SCR 383 ..................................................................
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R. v. Boone (S.P.), (2016) 347 O.A.C. 250 (CA)
...[Emphasis in original.] [33] However, three Superior Court judges have come to a different conclusion on this issue. In R. v. Clarke , 2013 ONSC 3232, another case in which the accused did not disclose his HIV-positive status, the complainant and the accused were involved in a sexual relati......
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R. v. Ralph (S.A.),
...HIV positive. [16] Two recent decisions of this court that go in opposite directions are R. v. Boone , 2012 ONSC 441 and R. v. Clarke , 2013 ONSC 3232. In Boone , the two complainants were gay men who were in a relationship while knowing that one of them had syphilis. They had unprotected s......
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3 cases
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R. v. Boone (S.P.), (2016) 347 O.A.C. 250 (CA)
...[Emphasis in original.] [33] However, three Superior Court judges have come to a different conclusion on this issue. In R. v. Clarke , 2013 ONSC 3232, another case in which the accused did not disclose his HIV-positive status, the complainant and the accused were involved in a sexual relati......
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R. v. Ralph (S.A.),
...HIV positive. [16] Two recent decisions of this court that go in opposite directions are R. v. Boone , 2012 ONSC 441 and R. v. Clarke , 2013 ONSC 3232. In Boone , the two complainants were gay men who were in a relationship while knowing that one of them had syphilis. They had unprotected s......
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R. v. Ismail,
...introduced is not to demonstrate a pattern of sexual conduct by SB, which he now acknowledges would be improper based upon R. v. Clarke, 2013 ONSC 3232. Mr. Ismail’s Notice of Application as to whether SB`s MTC`s J-C Event evidence under s. 276(3)(e) will unduly arouse sentiments of ......
2 books & journal articles
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Character Evidence: Primary Materiality
...Code , above note 55, s 276(2). 305 R v Boone , 2016 ONCA 227, leave to appeal to SCC refused, [2016] SCCA No 238. 306 R v Clarke , 2013 ONSC 3232. THE LAW OF EVIDENCE 124 section 276(2) prohibits particular inferences . 307 It does not purport to prohibit all sexual experience evidence dir......
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Table of cases
...626 R v Clarke (1998), 18 CR (5th) 219 (Ont CA) ........................ 48–49, 105, 244, 607 R v Clarke, 2013 ONSC 3232...................................................................... 123, 626 R v Clarkson, [1986] 1 SCR 383 ..................................................................