R. v. Lance, [1999] 3 S.C.R. 658
Edouard Aldas Lance Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Lance
File No.: 26963.
1999: October 7.
Present: McLachlin, Iacobucci, Major, Bastarache and Binnie JJ.
on appeal from the court of appeal for ontario
Criminal law -- Sexual assault -- Trial judge making no error in charge to jury, in admission of evidence and with respect to complainant’s emotional state -- Conviction affirmed.
APPEAL from a judgment of the Ontario Court of Appeal (1998), 130 C.C.C. (3d) 438, 114 O.A.C. 234, [1998] O.J. No. 4160 (QL), dismissing the accused’s appeal from his conviction on a charge of sexual assault. Appeal dismissed.
Constance Baran-Gerez, for the appellant.
Brian McNeely, for the respondent.
The judgment of the Court was delivered orally by
1 Iacobucci J. -- As we find no merit in the jurisdictional arguments raised by the respondent, the Court has jurisdiction to hear the appeal.
2 We are of the view that, in considering all the circumstances of this case, the trial judge made no error in his charge or in the admissibility of evidence, or in dealing with the issue regarding the emotional state of the complainant.
3 Accordingly, this appeal as of right is dismissed.
Judgment accordingly.
Solicitors for the appellant: Baran-Gerez & Parry, Kitchener.
Solicitor for the respondent: The Ministry of the Attorney General, Toronto.
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