Other Key Cases and Takeaways

(1) R. v. w.v., 2023 onca 655

• The sentencing range set out in R. v. Friesen relating to sexual offences against children also applies to sexual offences against adults who, by virtue of some physical or cognitive disability, are vulnerable to sexual exploitation akin to that of a child.

(2) R. v. Fox, 2023 onca 674

• Recklessness is sufficient to make out the mens rea for child luring offences under s. 172.1(1)(a) of the Code where the Crown can prove that the person with whom the accused was communicating with was actually a child.

(3) R. v. Sureskumar, 2023 onca 705

• In assessing the reasonableness of a search incident to arrest, the court must also consider whether the search was necessary.

(4) R. v. hadairy, 2023 onca 786

• As a matter of trial fairness, it is an error for trial judges to discount the credibility of an accused’s testimony on the basis that they have tailored their evidence to the testimony of other witnesses they’ve heard in the courtroom.

(5) R. v. sithravel, 2023 onca 748

• The details of the facts to be admitted on a guilty plea should be sorted out by counsel before the plea entered, both as a matter of clarity of the facts admitted in support of a guilty plea and efficient use of court time.

(6) R. v. bagherzadeh, 2023 onca 706

• When the Crown adduces an out-of-court statement by the accused that contains a mix of both inculpatory and exculpatory elements, that statement is admissible for the truth of its content regardless of whether the accused testifies.