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Case Briefs Database at
 

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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.

R. v. Mohan

[1994] 2 S.C.R. 9

Facts

Supreme Court of Canada

Respondant, a practsing pediatrician, was charged with 4 counts of sexual assault on 4 female patients, aged 13 to 16 at the relevant time, during medical examinations conducted in his office. His counsel indicated that he intended to call a psychiatrist who would testify that the perpetrator of the alleged offences would be part of a limited and unusual group of individuals and that respondent did not fall within that narrow class because he did not possess the characteristics belonging to that group. The psychiatrist testified in a voir dire that the psychological profile of the perpetrator of the first 3 complaints was likely of a pedophile while the profile of the perpetrator of the 4th complaint that of a sexual psychopath. The psychiatrist intended to testify thatthe respondent did not fit the profiles but the evidence was ruled inadmissible at the conclusion of the voir dire.

Reasons

Supreme Court of Canada

Respondant was found guilty. Issue of whether which expert evidence should be admissible and which should not, in this case the psychiatrist profile evidence was inadmissible due to the conclusion of the voir dire

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