R. v. A.R.B., [2000] 1 S.C.R. 781

A.R.B.                                                                                                 Appellant

v.

Her Majesty The Queen                                                                   Respondent

Indexed as:  R. v. A.R.B.

Neutral citation:  2000 SCC 30.

File No.:  26918.

2000:  June 13.

Present:  McLachlin C.J. and L’Heureux‑Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for ontario

Criminal law -- Evidence -- Sexual offences -- Trial judge rejecting line of evidence sought to be adduced by accused -- Accused convicted of sexual offences -- No basis to interfere with trial judge’s discretion to exclude evidence -- Conviction affirmed.

APPEAL from a judgment of the Ontario Court of Appeal (1998), 41 O.R. (3d) 361, 113 O.A.C. 286, 128 C.C.C. (3d) 457, 18 C.R. (5th) 241, [1998] O.J. No. 3648 (QL), dismissing the accused’s appeal from his conviction on charges of sexual intercourse with a female under 14 and indecent assault.  Appeal dismissed.

Robert J. Reynolds, for the appellant.

J. Sandy Tse, for the respondent.

The judgment of the Court was delivered orally by

1                                   The Chief Justice  --  We would all dismiss the appeal.  The admission of the evidence was a matter in the discretion of the trial judge.  Taking all the circumstances into account, we see no basis to interfere in the exercise of that discretion.  The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant:  Reynolds O’Brien Kline & Selick, Belleville, Ontario.

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