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FSC360 > Digital Case Examples > Flashcards

Digital Case Examples Flashcards

1
Q

If a complainant posts their age online, can the defence cross-examine her on that post if her age is relevant to the alleged offence?

A

Yes

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2
Q

Describe the facts of R. v. R.D.

A

27 year old struck up conversation with 15 yr old
Later had sex
Only the two of them testified, have conflicting accounts of whether complainant disclosed her age.

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3
Q

What were the two main issues at trial in R. v. R.D.?

A
  1. Did R.D. honestly believe the complainant was over 16 and had taken all reasonable steps to ascertain her age?
  2. Did the complainant consent to all of the sexual activity
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4
Q

In R. v. R.D., what was the ground of appeal related to digital evidence?

A

Trial judge improperly curtailed defence counsel’s cross of the complainant on whether she had previously lied about her age.

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5
Q

What was the lie and truth of the complainant in R. v. R.D. that the appeal judge made their decision based on?

A

Testified the only time she lied about being older was when she bought cigarettes.
Actually had a MySpace account where she represented herself as a 19 to 20 y/o who completed high school.

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6
Q

Are Facebook posts made by the accused admissible at trial?

A

Yes.

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7
Q

Describe the facts of R. v. Rafferty.

A

Facebook status: everything good is coming my way
Little girl kidnapped that day and killed.

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8
Q

What was the significance of the Facebook post in R. v. Rafferty?

A

Evidence of mens rea

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9
Q

What was the defence’s argument against the use of Rafferty’s Facebook post as evidence?

A

Challenged admissibility: statement without context.

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10
Q

What did the trial judge hold about Rafferty’s Facebook post?

A

Amissible.
Highly probative
Highly relevant to state of mind
No prejudice

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11
Q

True or false: Twitter posts are always irrelevant at trial because they are so short.

A

False

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12
Q

Describe the case of R. v. Sonne.

A

Arrested for G20 protest-related issues
Claimed police did not explain his rights to him
Tweets were found on his account where he shared resources for protestors.
Decided that this showed he understood his right.

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13
Q

If a person uses their first and last name online, can that name be used to help identify them as the person sending the messages associated with the named account?

A

Yes

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14
Q

Describe the case of R. v. Craig.

A

Craig corresponded with a 13 year old on Nexopia.
screen name: AaronCraig
Convicted
Appeal dismissed

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15
Q

Why is self-identifying online not considered to infringe upon the right against self incrimination?

A

It is not a statement.

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16
Q

True or false: Crown can only use one type of digital evidence at trial.

A

False

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17
Q

Describe the types of digital evidence used at the trial of R. v. Cafe.

A

Boasted about killing in text messages to friends
Wrote inculpatory rap lyrics
Posted photos of crime scene online

18
Q

If a complainant engages in trying to find the perp by browsing Facebook, is that “Facebook line-up” evidence admissible?

A

Yes

19
Q

Describe the case of R. v. T.A.H.

A

16 y/o m robbed by three other male youths
Victim and witness thought they knew one of the subjects
Using facebook, found pfp
Victim and witness certain pfp was one of the suspects

20
Q

What decision did the court make in terms of the “Facebook line-up” in R. v. T.A.H.?

A

Accepted it was recognition evidence

21
Q

Can circumstantial evidence be used to prove the authenticity of digital evidence?

A

Yes

22
Q

Describe the case of R. v. Roulette

A

Roulette ordered not to contact complainant
Three FB messages sent
Issue: who authored them?
Held: circumstantial evidence sufficient, content “sufficiently unique”

23
Q

Why was the photo of the cop found not admissible in R. v. Andalib-Goortani.

A

Photo could not be properly authenticated
Crown failed to establish the image was not tampered with or altered

24
Q

What case dealt with authenticating images?

A

R. v. Creemer and Cormier

25
Q

What are the three requirements for images/photos to be authenticated?

A

Images are accurate
Images are fair and absence of intent to mislead
Images verified on oath by a person capable of doing so

26
Q

What did the SCC see in R. v. Jarvis about the videos and REP?

A

REP is not just about location, but normative values
Privacy is context dependent
Concealment of the camera also speaks to intent

27
Q

Define SA.

A

An assault committed in the circumstances of a sexual nature, such that the sexual integrity of the victim is violated.

28
Q

Describe the proof of actus reus in SA from R. v. Ewankchuk

A

Touching
Sexual nature of contact
Absence of consent

29
Q

Does defence counsel have any disclosure obligation in the context of sexual offence cases?

A

Yes

30
Q

Describe reverse disclosure in sexual offence cases.

A

Defence have an obligation to disclose evidence of prior sexual activity or records of the complainant in the possession of the accused if they intend to adduce it at trial.

31
Q

When is evidence of prior sexual activity admissible?

A

If the reason for relying on the evidence does not violate the twin myths.

32
Q

What is a criticism of reverse disclosure in sexual offence cases?

A

Tips off liars

33
Q

What are the twin myths?

A

Support an inference that, by reason of sexual activity, the complainant is:
1. more likely to have consented to the activity that forms the subject of charge
2. less worthy of belief

34
Q

What case dealt with the twin myths?

A

R. v. Seaboyer

35
Q

Why are the twin myths not permitted to enter the trial process?

A

Not relevant
Can severely distort the trial process

36
Q

Does defence counsel need the court’s permission to rely upon non-sexual text messages between the accused and the victim?

A

No

37
Q

What was held in R. v. W.M. about non-sexual messages?

A

Complainant does not have REP in messages
Material in the defence possession is not a record and no admissibility application is required

38
Q

What were the factors considered in deciding R. v. W.M.?

A

Content : not sexual, not engaging twin myths
Manner in which the messages were sent and who has control over them
Nature of the relationship
Policy implications of finding she does have an REP.

39
Q

Describe the case of R. v. Mills.

A

The SC held that the accused did not have a REP over sexually explicit FB messages he thought he was sending to 14 y/o girl.

40
Q

Does defence counsel need to file an application if they seek to rely upon text messages that are sexual in nature?

A

Yes

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