R. v. J.N.K., (1990) 86 Nfld. & P.E.I.R. 347 (NFPC)

• Judge: Handrigan, J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: September 20, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 347 (NFPC)

R. v. J.N.K. (1990), 86 Nfld. & P.E.I.R. 347 (NFPC);

    268 A.P.R. 347

MLB headnote and full text

Her Majesty The Queen v. J.N.K.

(1990 No. 128)

Indexed As: R. v. J.N.K.

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, J.

September 20, 1990.

Summary:

The accused was charged with sexually assaulting a nine year old girl. The infant was sleeping over with one of the accused's daughters. The infant and the accused's daughter watched television in the accused's bedroom. They fell asleep on the accused's bed. The accused returned home after midnight. The accused lay down on the bed with the girls. The infant claimed that she awoke to find her pyjamas and panties down around her knees. The accused was licking and touching her. The infant left the house clad in her pyjamas and returned home.

The Newfoundland Provincial Court found the infant's testimony to be inconsistent and acquitted the accused.

Criminal Law - Topic 655

Sexual offences - General rules - Corroboration - The Newfoundland Provincial Court stated that although the legal requirement for corroboration in sexual cases was removed by s. 274 of the Criminal Code, a trial judge should in appropriate circumstances instruct himself or the jury about the inherent frailties of such evidence and the desirability of corroborative evidence - Similarly, the uncorroborated, unsworn testimony of children should be treated with caution - See paragraph 11.

Criminal Law - Topic 665

Sexual offences, public morals and disorderly conduct - Sexual offences, rape or sexual assault - Sexual assault - The accused was charged with committing a sexual assault upon a nine year old girl - The infant was sleeping over with a daughter of the accused - The girls fell asleep on the accused's bed - The accused returned home after drinking and lay down on the bed with the girls - The infant claimed that she awoke to find her clothing partially removed and the accused touching her - The Newfoundland Provincial Court acquitted the accused.

Criminal Law - Topic 5463

Evidence - Evidence of children - Corroboration - [See Criminal Law - Topic 655 ].

Criminal Law - Topic 5466

Evidence - Evidence of children - Warning to jury of danger of reliance on - [See Criminal Law - Topic 655 ].

Cases Noticed:

R. v. Brenton (1990), 80 Nfld. & P.E.I.R. 247; 249 A.P.R. 247, refd to. [para. 11].

Statutes Noticed:

Canada Evidence Act, R.S.C. 1985, c. C-5, sect. 16(2) [para. 11].

Criminal Code, R.S.C. 1985, c. C-46, sect. s. 271(1)(a) [para. 1].

Counsel:

Edward Cardwell, for the Crown;

Gerald O'Brien, for the defendant.

This matter was heard before Handrigan, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Bank, who delivered the following judgment on September 20, 1990: