R. v. Fyfe, (1983) 57 A.R. 357 (NWTCA)

• Judge: Lieberman, Laycraft and Harradence, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 27, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 57 A.R. 357 (NWTCA)

R. v. Fyfe (1983), 57 A.R. 357 (NWTCA)

MLB headnote and full text

R. v. Fyfe

(Appeal No. 441)

Indexed As: R. v. Fyfe

Northwest Territories Court of Appeal

Lieberman, Laycraft and Harradence, JJ.A.

June 27, 1983.

Summary:

The accused appealed his conviction for buggery, submitting that the trial judge erred in admitting evidence that the accused refused to supply the police with blood or hair samples.

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

Criminal Law - Topic 5209

Evidence and witnesses - Relevancy - Prejudicial evidence - A trial judge admitted evidence that the accused, charged with buggery, failed to supply the police with blood or hair samples - The Northwest Territories Court of Appeal held that the evidence was highly prejudicial and inadmissible where defence counsel did not raise the failure to take the samples to suggest improper or incompetent police procedure.

Cases Noticed:

R. v. Marcoux (1975), 4 N.R. 64; 24 C.C.C.(2d) 1 (S.C.C.), dist. [paras. 3 and 5].

Counsel:

C.D. Evans, Q.C., for the accused;

B. Fontaine, for the Crown.

This appeal was heard before Lieberman, Laycraft and Harradence, JJ.A., of the Northwest Territories Court of Appeal.

On June 27, 1983, Laycraft, J.A., delivered the following judgment orally for the Court of Appeal.