R. v. Blake, [2004] 3 S.C.R. 503, 2004 SCC 69

Her Majesty The Queen Appellant

v.

Randolph Blake Respondent

Indexed as: R. v. Blake

Neutral citation: 2004 SCC 69.

File No.: 30098.

2004: October 15; 2004: October 29.

Present: McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps and Fish JJ.

on appeal from the court of appeal for ontario

Criminal law — Evidence — Similar fact evidence — Admissibility — Sexual offences.

Cases Cited

Referred to: R. v. Handy, [2002] 2 S.C.R. 908, 2002 SCC 56.

APPEAL from a judgment of the Ontario Court of Appeal (2003), 2003 13682 (ON CA), 68 O.R. (3d) 75 (sub nom. R. v. B. (R.)), 181 C.C.C. (3d) 169, 179 O.A.C. 137, [2003] O.J. No. 4589 (QL), quashing the accused’s conviction for sexual offences and ordering a new trial. Appeal dismissed.

Shelley Hallett, for the appellant.

Nicholas A. Xynnis, for the respondent.

The following is the judgment delivered by

[1] The Court — As the majority judgment of the Ontario Court of Appeal points out, the trial judge did not have the benefit of this Court’s reasons in R. v. Handy, [2002] 2 S.C.R. 908, 2002 SCC 56. The Court is in agreement with the judgment of the majority of the Court of Appeal: (2003), 2003 13682 (ON CA), 68 O.R. (3d) 75. The appeal is dismissed and the order for a new trial confirmed.

Appeal dismissed.

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

Solicitor for the respondent: Nicholas A. Xynnis, Toronto.