What is the effect of the similar fact rule on an allegation of sexual assault?

British Columbia, Canada


The following excerpt is from R. v. D. (L.E.), 1987 CanLII 2536 (BC CA):

I cannot say that the trial judge erred in concluding that the evidence was not admissible under the similar fact rule. As stated in Guay v. R., supra, the admissibility of such evidence is essentially a matter for the discretion of the trial judge. Here the trial judge had ample grounds for exercising that discretion against the reception of the evidence. The logical or probative value of the evidence was arguably tenuous. At the same time, the potential for prejudice was great. While the decision to reject the evidence under the similar fact rule cannot have been an easy one, I cannot say that the trial judge erred in concluding the evidence should be rejected.

Other Questions


What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the effect of having to delay or adjourn the trial of an alleged sexual assault? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
What is the difference between allegations of "subbing up" and a meeting in January 2008 and allegations of sexual harassment in October 2007? (British Columbia, Canada)
What are the consequences of making allegations of sexual assault against a nursing assistant? (British Columbia, Canada)
What is the effect of the failure to advise the accused of sexual assault on the basis of Section 10(a) of the Charter? (British Columbia, Canada)
Can an employee of the City of Toronto who has been convicted of sexual assault in a criminal proceeding to a labour arbitration claim that the assault did not occur? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.