Complainant’s prior statements never tendered in evidence

Ontario criminal | Evidence

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Complainant’s prior statements never tendered in evidence

Accused charged with assaults, sexual assaults and threats against three former romantic partners. Accused’s recent partner testified that accused had repeatedly punched her in the back of the head, had assaulted her with a telephone and a chair and had forced her to perform oral sex. Two other former partners testified to various sexual assaults, assaults and threats. Accused testified and denied all allegations. Trial judge accepted evidence of recent partner in reliance on its consistency with her prior statement to police and testimony at preliminary inquiry. Appeal allowed and new trial ordered on those counts. Complainant’s prior statements were never tendered in evidence. Trial judge erred in law by basing verdict on evidence not adduced at trial.

R. v. Smith
(Aug. 26, 2011, Ont. C.A., Weiler, Blair and Epstein JJ.A., File No. C50528) 96 W.C.B. (2d) 352 (27 pp.).

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