R. v. Harvey, [2002] 4 S.C.R. 311, 2002 SCC 80

Her Majesty The Queen Appellant

v.

Alexander Wayne Harvey Respondent

Indexed as: R. v. Harvey

Neutral citation: 2002 SCC 80.

File No.: 29001.

2002: December 11.

Present: Iacobucci, Major, Binnie, Arbour and Deschamps JJ.

on appeal from the court of appeal for ontario

Criminal law — Similar fact evidence — Sexual assault — Trial judge not erring in excluding similar fact evidence.

APPEAL from a judgment of the Ontario Court of Appeal (2001), 57 O.R. (3d) 296, 160 C.C.C. (3d) 52, 152 O.A.C. 162, 48 C.R. (5th) 247, [2001] O.J. No. 4749 (QL), allowing the accused’s appeal from his conviction for sexual assault. Appeal dismissed.

Christopher Webb, for the appellant.

John Norris, for the respondent.

The judgment of the Court was delivered orally by

[1] Iacobucci J. — This is an appeal as of right. We are all of the view that, for substantially the reasons of Doherty J.A. in the Ontario Court of Appeal ((2001), 57 O.R. (3d) 296), the trial judge did not err in finding the similar fact evidence inadmissible. Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: The Ministry of the Attorney General, Toronto.

Solicitors for the respondent: Ruby & Edwardh, Toronto.