R. v. A.R.F., (2002) 209 Nfld. & P.E.I.R. 344 (PEITD)

• Jurisdiction: Prince Edward Island
• Judge: MacDonald, J.
• Neutral Citation: 2002 PESCTD 08
• Citation: (2002), 209 Nfld. & P.E.I.R. 344 (PEITD),2002 PESCTD 08,209 Nfld & PEIR 344,(2002), 209 Nfld & PEIR 344 (PEITD),209 Nfld. & P.E.I.R. 344
• Date: 28 January 2002

R. v. A.R.F. (2002), 209 Nfld. & P.E.I.R. 344 (PEITD);

    626 A.P.R. 344

MLB headnote and full text

Temp. Cite: [2002] Nfld. & P.E.I.R. TBEd. JA.031

Her Majesty the Queen v. A.R.F.

(S-1-GC-77; S-1-GC-144; 2002 PESCTD 08)

Indexed As: R. v. A.R.F.

Prince Edward Island Supreme Court

Trial Division

MacDonald, J.

January 28, 2002.

Summary:

The accused was charged with three counts contrary to s. 151 of the Criminal Code. Two counts related to the accused's touching of D.M.M. for a sexual purpose with his hands and a third count related to the accused's touching of D.M.M. with his hands or penis.

The Prince Edward Island Supreme Court, Trial Division, convicted the accused.

Criminal Law - Topic 667

Sexual offences - Rape or sexual assault - Evidence - Complaint - Admission of - [See Evidence - Topic 1183 ].

Evidence - Topic 1183

Relevant facts - Relevance and materiality - Res gestae (incl. narrative) - Accompany­ing acts or statements - General - The accused was charged with three counts of touching for a sexual purpose, contrary to s. 151 of the Criminal Code - The com­plainant was under the age of 14 at the time of the alleged offences - The Prince Edward Island Supreme Court, Trial Divi­sion, stated that complaints that were made by the complainant to her friend S.B. were not admissible for the truth of their con­tents, but were admissible to assist in the narration of events to provide chronologi­cal cohesion to the complainant's story and to assist in understanding what occurred - See paragraphs 27 to 31.

Cases Noticed:

R. v. Fair (J.E.) (1993), 67 O.A.C. 251; 85 C.C.C.(3d) 457 (C.A.), refd to. [para. 28].

R. v. Ay (1994), 59 B.C.A.C. 161; 98 W.A.C. 161; 93 C.C.C.(3d) 456 (C.A.), refd to. [para. 30].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 34].

Authors and Works Noticed:

Salhany, Roger E., The Practical Guide to Evidence in Criminal Cases (4th Ed.), p. 105 [para. 30].

Counsel:

Darrell E. Coombs, for the Crown;

John R. Diamond, for the accused.

This case was heard on January 28, 2002, at Charlottetown, P.E.I., before MacDonald, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment on the same date.