Jun 2, 2020

MLB Headnote and Key Numbers

R. v. Edgar, 2016 ONCA 120 (CanLII)

R. v. Edgar (C.) (2016), 344 O.A.C. 399 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. FE.021

Her Majesty the Queen (respondent) v. Christopher Edgar (appellant)

(C58012; 2016 ONCA 120)

Indexed As: R. v. Edgar (C.)

Ontario Court of Appeal

Feldman, Cronk and Roberts, JJ.A.

February 11, 2016.

Summary:

The accused was found guilty of sexual assault. He appealed, arguing that there was no overt interference with the complainant's sexual or bodily integrity.

The Ontario Court of Appeal dismissed the appeal.

Criminal Law - Topic 670

Sexual offences - Rape or sexual assault - Sexual assault defined - Edgar accosted a woman (a stranger) outside her apartment door, took her back into the apartment and locked the door - His behaviour was volatile and erratic - He permitted the woman to sit on her balcony, but after almost one hour told her that she had to go back inside and watch him masturbate before he would leave - The woman complied - Edgar put his hands down his pants - He did not expose his penis or touch the woman - He asked when the woman's husband would be home - Fearing that she would be raped or killed, the woman ran out on the balcony and dove over the rail, falling 12 feet to the ground and breaking both ankles - Edgar was found guilty of sexual assault - He appealed, arguing that there was no overt interference with the woman's sexual or bodily integrity - The Ontario Court of Appeal dismissed the appeal - It was not necessary for Edgar to touch or even verbally threaten the woman in order to commit a sexual assault - Edgar's act of masturbation was elevated from an indecent act to a sexual assault by the surrounding circumstances of sexualized violence, control and confinement - He intentionally terrorized the woman for a prolonged period, in violent and sexualized circumstances, causing her to reasonably believe that he had the present ability to rape or kill her.

Cases Noticed:

R. v. Cadden (1989), 48 C.C.C.(3d) 122 (B.C.C.A.), refd to. [para. 10].

R. v. Johnson (F.), [2006] O.T.C. 1062; 2006 CanLII 37519 (Sup. Ct.), refd to. [para. 10].

Counsel:

Constance Baran-Gerez, for the appellant;

Andreea Baiasu, for the respondent.

This appeal was heard on January 14, 2016, before Feldman, Cronk and Roberts, JJ.A., of the Ontario Court of Appeal. Roberts, J.A., delivered the following judgment for the court on February 11, 2016.