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R. v. P. (V.L.), [1993] 1 S.C.R. 837


V.L.P.                                                                                                  Appellant




Her Majesty The Queen                                                                   Respondent


Indexed as:  R. v. P. (V.L.)


File No.:  22794.


1993:  March 3.


Present:  La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ.


on appeal from the court of appeal for ontario


                   Criminal law ‑‑ Sexual assault ‑‑ Defences ‑‑ Duress ‑‑ Appellant's common law spouse ordering her pre‑teen son to have intercourse with her ‑‑ Appellant making statement to police indicating that she touched son's penis ‑‑ Appellant also testifying that she was afraid of co‑accused ‑‑ Appellant a co‑perpetrator of, rather than a party to, assaults ‑‑ Defence of duress not applicable because only relevant where accused liable as a party only.


                   APPEAL from a judgment of the Ontario Court of Appeal dismissing an appeal from conviction by Winter Dist. Ct. J.  Appeal dismissed.


                   Robert J. Upsdell, for the appellant.


                   Kenneth L. Campbell and Janet Gallin, for the respondent.


//La Forest//


                   The judgment of the Court was delivered orally by


                   La Forest J. ‑‑ We do not have to hear you, Mr. Campbell.


                   The Court is ready to deliver judgment now.


                   We are all of the view that the appeal should be dismissed substantially for the reasons of the Court of Appeal.  The appeal is, therefore, dismissed.


                   Judgment accordingly.


                   Solicitor for the appellant:  Robert J. Upsdell, St. Thomas.


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





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