R. v. P.R.L., 2014 SKCA 38

JudgeJackson, Whitmore and Ryan-Froslie, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateMarch 27, 2014
Citations2014 SKCA 38;(2014), 438 Sask.R. 1 (CA)

R. v. P.R.L. (2014), 438 Sask.R. 1 (CA);

    608 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. AP.012

P.R.L. (appellant) v. Her Majesty the Queen (respondent)

(CACR2211; 2014 SKCA 38)

Indexed As: R. v. P.R.L.

Saskatchewan Court of Appeal

Jackson, Whitmore and Ryan-Froslie, JJ.A.

March 27, 2014.


The appellant appealed from his conviction on a charge of sexual assault.

The Saskatchewan Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 687

Sexual offences, public morals and disorderly conduct - Sexual offences - Evidence - Hearsay - [See Criminal Law - Topic 5383 ].

Criminal Law - Topic 5383

Evidence and witnesses - Documents and reports - Telephone records (incl. text messages) - The appellant appealed his conviction for sexual assault - The appellant said that the sexual intercourse was consensual - The complainant said she had no memory of what happened to her - The evidence of what occurred was inferred from a series of text messages between the complainant and the appellant - The appellant submitted that the trial judge erred in giving undue weight to the text messages and that the messages were filed in evidence without a proper evidentiary basis - He submitted the text messages were hearsay and should not have been relied upon without evidence the messages were sent and received by both parties to the communication - The Saskatchewan Court of Appeal dismissed the appeal - There was no principle of law that supported the appellant's position that text messages from both phones used in a texted conversation had to be tendered in evidence to ensure their reliability or relevance - Once the text messages were introduced, and the appellant decided to testify, his credibility became the principal issue - There was a reasonable basis for the trial judge to conclude the appellant engaged in sexual intercourse with the complainant without her knowledge and while she was unconscious - The trial judge interpreted the text messages as an admission of non-consensual intercourse with the complainant - The trial judge noted that the appellant was given ample opportunity to explain how the texts could otherwise be interpreted and he provided no adequate explanation - The verdict of guilty was one that a properly instructed jury, acting judicially, could reasonably have rendered.

Cases Noticed:

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 9].

R. v. R.P., [2012] 1 S.C.R. 746; 429 N.R. 361; 2012 SCC 22, refd to. [para. 10].

R. v. Belyk (M.M.J.) (2014), 433 Sask.R. 195; 602 W.A.C. 195; 2014 SKCA 24, refd to. [para. 16].


Jeffery Deagle, for the appellant;

B.L. Klatt, for the respondent.

This appeal was heard on March 27, 2014, before Jackson, Whitmore and Ryan-Froslie, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was rendered orally on March 27, 2014, and the following written reasons were delivered by Whitmore, J.A., on April 2, 2014.

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