R. v. Sauve (G.J.), (1998) 110 B.C.A.C. 122 (CA)

• Judge: Goldie, Rowles and Huddart, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 04, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 110 B.C.A.C. 122 (CA)

R. v. Sauve (G.J.) (1998), 110 B.C.A.C. 122 (CA);

   178 W.A.C. 122

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. AU.039

Regina (respondent) v. Glenn James Sauve (appellant)

(CA021459)

Indexed As: R. v. Sauve (G.J.)

British Columbia Court of Appeal

Goldie, Rowles and Huddart, JJ.A.

July 7, 1998.

Summary:

The accused was convicted by a jury of sexual assault. His conviction appeal was dismissed. See 101 B.C.A.C. 21; 164 W.A.C. 21. Before the order dismissing the appeal was entered, the accused applied for release of a trial exhibit (vaginal swabs) for DNA test­ing.

The British Columbia Court of Appeal allowed the application.

Criminal Law - Topic 5578

Evidence and witnesses - Exhibits - Release of - The accused was convicted of sexual assault - The only issue at trial was consent - Before a decision was entered on the accused's conviction appeal, he applied to have a trial exhibit released for DNA testing - The exhibit consisted of vaginal swabs taken by a doctor from the com­plain­ant shortly after the complaint was made - The British Columbia Court of Appeal held that to refuse to release the exhibit would deny the accused any possi­bility of being able to present DNA evi­dence to show that he had not had inter­course with the com­plainant and to argue that, without the ad­mission of the fresh evidence, a miscarriage of justice would result - The court granted the order.

Cases Noticed:

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181; 50 C.C.C.(2d) 193; 14 C.R.(3d) 22, refd to. [para. 4].

R. v. Ubhi (J.S.) (1996), 81 B.C.A.C. 161; 132 W.A.C. 161 (C.A.), consd. [para. 16].

R. v. Rollocks (R.) (1994), 72 O.A.C. 269; 91 C.C.C.(3d) 193 (C.A.), refd to. [para. 17].

R. v. R.R. - see R. v. Rollocks (R.).

R. v. Buick (1991), 1 B.C.A.C. 30; 1 W.A.C. 30 (C.A.), refd to. [para. 24].

Counsel:

S. Goldberg, for the appellant;

K.W. Ball, for the Crown, respondent.

This application was heard before Goldie, Rowles and Huddart, JJ.A., of the British Columbia Court of Appeal at Vancouver, British Columbia on June 4, 1998. The decision of the court was delivered by Row­les, J.A., on July 7, 1998.