R. v. Fleming
Court headnote
R. v. Fleming Collection Supreme Court Judgments Date 1999-10-15 Report [1999] 3 SCR 662 Case number 27120 Judges L'Heureux-Dubé, Claire; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Arbour, Louise On appeal from Newfoundland and Labrador Subjects Criminal law Notes SCC Case Information: 27120 Decision Content R. v. Fleming, [1999] 3 S.C.R. 662 Her Majesty The Queen Appellant v. David Patrick Fleming Respondent Indexed as: R. v. Fleming File No.: 27120. 1999: October 15. Present: L’Heureux-Dubé, McLachlin, Iacobucci, Major and Arbour JJ. on appeal from the court of appeal for newfoundland Criminal law -- Sexual offences -- Reasonable doubt -- Similar fact evidence -- Accused convicted of sexual offences -- Trial judge’s charge on reasonable doubt and re-charge on use of similar fact evidence containing errors -- Proviso in s. 686(1) (b)(iii) of Criminal Code inapplicable -- Court of Appeal’s judgment quashing convictions and ordering new trial affirmed. APPEAL from a judgment of the Newfoundland Court of Appeal (1999), 171 Nfld. & P.E.I.R. 183, 525 A.P.R. 183, [1999] N.J. No. 42 (QL), allowing the accused’s appeal from conviction and ordering a new trial. Appeal dismissed, L’Heureux-Dubé and McLachlin JJ. dissenting. Wayne Gorman, for the appellant. James Lockyer and Jerome P. Kennedy, for the respondent. The judgment of the Court was delivered orally by 1 Iacobucci J. -- We agree with the majority of the Newfoundland Court of Appeal that the conceded errors of the …
Full judgment (source text)
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R. v. Fleming Collection Supreme Court Judgments Date 1999-10-15 Report [1999] 3 SCR 662 Case number 27120 Judges L'Heureux-Dubé, Claire; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Arbour, Louise On appeal from Newfoundland and Labrador Subjects Criminal law Notes SCC Case Information: 27120 Decision Content R. v. Fleming, [1999] 3 S.C.R. 662 Her Majesty The Queen Appellant v. David Patrick Fleming Respondent Indexed as: R. v. Fleming File No.: 27120. 1999: October 15. Present: L’Heureux-Dubé, McLachlin, Iacobucci, Major and Arbour JJ. on appeal from the court of appeal for newfoundland Criminal law -- Sexual offences -- Reasonable doubt -- Similar fact evidence -- Accused convicted of sexual offences -- Trial judge’s charge on reasonable doubt and re-charge on use of similar fact evidence containing errors -- Proviso in s. 686(1) (b)(iii) of Criminal Code inapplicable -- Court of Appeal’s judgment quashing convictions and ordering new trial affirmed. APPEAL from a judgment of the Newfoundland Court of Appeal (1999), 171 Nfld. & P.E.I.R. 183, 525 A.P.R. 183, [1999] N.J. No. 42 (QL), allowing the accused’s appeal from conviction and ordering a new trial. Appeal dismissed, L’Heureux-Dubé and McLachlin JJ. dissenting. Wayne Gorman, for the appellant. James Lockyer and Jerome P. Kennedy, for the respondent. The judgment of the Court was delivered orally by 1 Iacobucci J. -- We agree with the majority of the Newfoundland Court of Appeal that the conceded errors of the trial judge in his charge dealing with reasonable doubt and in his re-charge on the use of similar fact evidence were such that the proviso in s. 686(1) (b)(iii) of the Criminal Code, R.S.C., 1985, c. C-46 , should not be applied in all the circumstances of this case. Madame Justice L’Heureux-Dubé and Madam Justice McLachlin, dissenting, would have applied the proviso. 2 Accordingly, this appeal as of right is dismissed. Judgment accordingly. Solicitor for the appellant: The Department of Justice, St. John’s. Solicitors for the respondent: Simmonds, Kennedy, St. John’s; Pinkofsky, Lockyer, Toronto.
Source: decisions.scc-csc.ca
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[2022] 1 SCR 506