R. v. Munn (C.I.), (1993) 138 N.B.R.(2d) 207 (TD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 05, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 138 N.B.R.(2d) 207 (TD)

R. v. Munn (C.I.) (1993), 138 N.B.R.(2d) 207 (TD);

    138 R.N.-B.(2e) 207; 354 A.P.R. 207

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Cedric Ivan Munn (applicant) v. Her Majesty The Queen (respondent)

(N/M/33/93)

Indexed As: R. v. Munn (C.I.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Newcastle

Riordon, J.

April 5, 1993.

Summary:

The accused was charged with assault and sexual assault causing bodily harm. The complainant was his wife. The accused applied under s. 276(2) of the Criminal Code to adduce evidence of his wife's adulterous affairs. The Crown claimed the evidence was irrelevant. The wife had admitted one adul­terous affair. Alternatively, the accused sought to sever the two counts or to have the counts tried separately.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the ap­plication to introduce evidence of the wife's adulterous affairs. Introduction of the evi­dence would allow the accused to make full answer and defence.

Criminal Law - Topic 689

Sexual offences - Evidence - Sexual conduct or character of complainant - The accused was charged with assault and sexual assault causing bodily harm - The complainant was his wife - The wife admitted one adulterous affair - The ac­cused applied under s. 276(2) of the Crim­inal Code to adduce evidence of his wife's adulterous affairs - The Crown claimed the evidence was irrelevant - The New Brunswick Court of Queens' Bench, Trial Division, stated that considering that the complainant testified at the preliminary inquiry as to an adulterous affair and referred to that in statements made, the accused should be permitted to call evi­dence of the complainant's adulterous affairs to allow him to make full answer and defence.

Criminal Law - Topic 690

Sexual offences - Evidence - Sexual reputation of complainant - [See Criminal Law - Topic 689 ].

Cases Noticed:

R. v. Seaboyer and Gayme, [1991] 2 S.C.R. 577; 128 N.R. 81; 48 O.A.C. 81, refd to. [para. 9].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 266(a), sect. 272(c) [para. 4]; sect. 276(2), sect. 591(2), sect. 591(3)(a) [para. 3].

Authors and Works Noticed:

McWilliams, Peter K., Canadian Criminal Evidence, para. 37:20410 [para. 10].

Counsel:

Cleveland Allaby, for the applicant;

Jack Walsh, for the respondent.

These applications were heard on April 5, 1993, before Riordon, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Newcastle, who delivered the following judgment on April 5, 1993.