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Evidence - Alibi

. R. v. T.D.

In R. v. T.D. (Ont CA, 2024) the Ontario Court of Appeal dismissed a criminal appeal, this from convictions "of paired counts of sexual assault and sexual interference in relation to two of the complainants".

Here the court considered the meaning of an 'alibi':
[27] At the outset, I do not agree that the appellant’s defence to these charges can be properly characterized as an alibi. As Watt J.A. explained in R. v. Tomlinson, 2014 ONCA 158, 307 C.C.C. (3d) 36, at para. 49:
[T]he Latin word “alibi” means “elsewhere”. When used in the context of criminal prosecution, an alibi is a claim that a person, usually a person charged with a crime, was elsewhere when the allegedly criminal conduct took place and thus it was impossible for him or her to have committed it. [Italics in original; citations omitted.]
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Last modified: 02-12-24
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