Similar Fact Evidence (Cases): Difference between revisions
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{{TCase|R v Brown, <br>[2006] OJ No 5276 (ONCA), [http://canlii.ca/t/1v3h4 2006 CanLII 60340] (ON CA)|admitted | }} | {{TCase|R v Brown, <br>[2006] OJ No 5276 (ONCA), [http://canlii.ca/t/1v3h4 2006 CanLII 60340] (ON CA)|admitted | }} | ||
{{TCase|R v Morin, <br>[2005] OJ No 4402 (ONCA) |admitted | }} | {{TCase|R v Morin, <br>[2005] OJ No 4402 (ONCA), [http://canlii.ca/t/1lsh9 2005 CanLII 37252] (ON CA) |admitted | }} | ||
{{TCase|R v W(S), <br>[2004] OJ No 4164 (ONCA) |admitted | }} | {{TCase|R v W(S), <br>[2004] OJ No 4164 (ONCA) |admitted | }} | ||
Revision as of 15:25, 23 October 2018
Similar Fact Evidence
| Case Name | Result | Summary |
|---|---|---|
| R v Edwards, 2014 ONSC 3729 (CanLII) |
admitted | multiple robberies |
| R v Donszelmann, 2014 ABQB 284 (CanLII), |
admitted | multiple fraudulent sales made by accused admissible across all charges |
| R v T.I.E., 2014 MBCA 40 (CanLII) |
admitted | sexual assault against two boys. |
| R v D.L.W., 2013 BCSC 1016 (CanLII) |
admitted | detailed summary of law by Romilly J. multiple victims of sexual assault. |
| R v J.W., 2013 ONCA 89 (CanLII) |
admitted | Appeal court overrules failure to admit similar fact evidence |
| R v Fletcher 2013 ABCA 74 (CanLII) |
Not admitted | |
| R v JR 2012 CanLII 81292 (NL SCTD) |
admitted | |
| R v Edwards 2013 ONSC 835 (CanLII) |
Not admitted | SFE of two prior incidents going to identity rejected |
| R v O’Quinn 2012 CanLII 67731 (NL PC) |
admitted ( limited purpose) | The accused was charged with domestic violence offences against girlfriend. There were 4 prior instances of violence against 4 prior girlfriends. |
| R v Patey 2012 CanLII 37589 (NL SCTD) |
admitted | |
| R v Logan 2012 BCCA 102 (CanLII) |
admitted | |
| R v Webb 2012 CanLII 1972 (NL SCTD) |
Not admitted | |
| R v Blea 2012 ABCA 41 (CanLII) |
admitted | similar fact evidence admitted of two prior sexual assaults |
| R v Boden 2011 BCPC 366 (CanLII) |
Not admitted | |
| R v Carpenter 2010 BCCA 27 (CanLII) |
admitted | Two complainants reported similar sexual assaults involving an attack by a man without pants who would put a pillow case over the complainant's head. DNA linking the accused was found at scene of one of two assaults. |
| R v Jesse, 2010 BCCA 108 (CanLII) |
admitted | Upheld at 2012 SCC 21. |
| R v J. H. 2006 CanLII 40664 (ONCA) |
Not admitted | the accused was alleged to have sexually assault his 12 year old step-sister---SFE was of victim's report of consensual oral sex years before--court said consensual sex separate from sexual assault |
| R v Brown, [2006] OJ No 5276 (ONCA), 2006 CanLII 60340 (ON CA) |
admitted | |
| R v Morin, [2005] OJ No 4402 (ONCA), 2005 CanLII 37252 (ON CA) |
admitted | |
| R v W(S), [2004] OJ No 4164 (ONCA) |
admitted | |
| R v Grabowski, 2004 BCSC 328 (CanLII) |
admitted | 5 instances of arson in the same geographical area within 2 hours. |
| R v Stewart, 2004 BCCA 56 (CanLII) |
admitted | The accused was a doctor accused of touching female patients. He claimed the touching was accidental. |
| R v Blake (2003), 2003 CanLII 13682 (ON CA), 181 C.C.C. (3d) 169 (Ont. C.A.), aff'd 2004 SCC 69 (CanLII) |
rejected | The evidence consisted of prior touching of children aged 10 years or under on two occasions in the past. Both prior incidents involved genital touching and occurred in private. The accused told one of the children that he was sorry and that it would not happen again. The court found the similarities lacking in detail and non-specific conduct. |
| R v Shearing, [2002] 3 SCR 33, 2002 SCC 58 (CanLII) |
||
| R v KW, 1996 CanLII 396 (ON CA) |
not admitted | The accused was charged with two counts of sexual assault in relation to two complainants. Few facts are given by Court of Appeal. Judge admitted the similar fact evidence. Court of Appeal disagreed and found it as "insufficiently similar". |