R. v. G., (1979) 1 Man.R.(2d) 256 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 02, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 256 (CoCt)

R. v. G. (1979), 1 Man.R.(2d) 256 (CoCt)

MLB headnote and full text

R. v. G.

Indexed As: R. v. G.

Manitoba County Court

Lockwood, C.C.J.

October 2, 1979.

Summary:

This case arose out of charges against the accused of buggery, gross indecency and indecent assault on a male, his nephew. The complainant testified that from 1972 to 1977 the accused committed various sexual acts with him regularly. The estranged wife of the accused testified about a homosexual incident between the accused and a hitchhiker in 1977.

The Manitoba County Court convicted the accused on three charges.

Criminal Law - Topic 652

Sexual offences - Corroboration of evidence of complainant - The Manitoba County Court stated that it was dangerous to convict on the uncorroborated testimony of a complainant in a sexual offence - See paragraph 3.

Criminal Law - Topic 656

Sexual offences - Corroboration of evidence of complainant - What constitutes corroboration - The complainant testified that the accused, his uncle, committed sexual acts with him regularly from 1972 to 1977 - The estranged wife of the accused testified about a homosexual incident between the accused and a hitchhiker in 1977 - The Manitoba County Court held that the evidence of the wife corroborated the evidence of the complainant - See paragraphs 6 to 9.

Evidence - Topic 1256

Relevant facts - Relevance and materiality - Similar acts - To prove criminal conduct - The complainant testified that the accused, his uncle, committed sexual acts with him regularly from 1972 to 1977 - The estranged wife of the accused testified about a homosexual incident between the accused and a hitchhiker in 1977 - The Manitoba County Court held that the evidence of the wife was admissible as similar fact evidence showing the propensity of the accused to commit the acts and to rebut a probable defence of innocent association - See paragraphs 6 to 9.

Cases Noticed:

R. v. Cullen, [1975] 6 W.W.R. 153; 26 C.C.C.(2d) 79 (B.C.C.A.), appld. [para. 3].

Thompson v. R., [1918] A.C. 221, appld. [para. 9].

R. v. Forage, 3 C.R.N.S. 117, appld. [para. 9].

R. v. Porter (1935), 25 Cr. App. R. 59, appld. [para. 9].

Director of Public Prosecutions v. Kilbourne, [1973] 1 All E.R. 440, appld. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 139 [para. 3]; sect. 155, sect. 156, sect. 157 [para. 1].

Authors and Works Noticed:

MacWilliams, Canadian Criminal Evidence, p. 180, et seq. [para. 9].

Counsel:

B. Kaplan, for the Crown;

L.C. Greenberg, Q.C., for the accused.

This case was heard before LOCKWOOD, C.C.J., of the Manitoba County Court, who delivered the following judgment on October 2, 1979: