What is the test for calling independent evidence in a sexual assault case?
Alberta, Canada
The following excerpt is from R. v. Moulton, 1979 ABCA 324 (CanLII):
The learned trial judge said: "Counsel also stated a fourth rule citing the Queen v. Dyck, 8 C.R.N.S., 191 at 198, that independent evidence otherwise admissible under the second and third rules, which I have just recited, cannot be called unless the complainant has previously been faced during her examination with the evidence in question." He found it unnecessary to deal with this rule.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are there any allegations of sexual assault, sexual assault or sexual assault against a minor? (Alberta, Canada)
What is the test for accepting evidence of corroboration in a sexual assault case? (Alberta, Canada)
What is relevant evidence to support a finding of intent in a sexual assault case? (Alberta, Canada)
What is the legal test for admitting new evidence in a sexual assault case? (Alberta, Canada)
What are the factors used to determine the exclusion of evidence in a sexual assault case? (Alberta, Canada)
How have courts dealt with sexual harassment allegations in the context of sexual assault cases? (Alberta, Canada)
What are the reasons for the exclusion of evidence of self-incrimination in a sexual assault case? (Alberta, Canada)
What is the test for applying the doctrine of jurisdiction in the context of sexual assault cases? (Alberta, Canada)
Can an accused change his plea in a sexual assault case? (Alberta, Canada)
What is the effect of s.24(2) of the Charter on the use of search warrants in sexual assault cases? (Alberta, Canada)
