R. v. Ray

Summary

Appeal from a sexual assault conviction was dismissed. The court found no error in the trial judge's use of transcripts, which were aids to listening to the recording rather than evidence (paras 4-6). Reasons were adequate (paras 7-8), the uneven scrutiny claim was a credibility reassessment (para 9), and the motive-to-fabricate rejection disclosed no legal error (para 10).

Outcome

Appeal dismissed; conviction upheld (para 11). Appellant appealed conviction; no further appeal or leave application stated.

Why this case matters

A transcript of a recorded conversation may be used only as an aid to listening, and the recording itself remains the evidence.

Paragraph references

Transcripts were only aids, with the recording as the evidence, and defence consented: paras 4-5. Findings on the recording were open: para 6. Reasons adequate: paras 7-8. Uneven scrutiny: para 9. "Proven motive to lie" was imprecise but not a legal error: para 10. Disposition: para 11. Publication ban: fn 1.