R. v. S. (G.H.)
The Crown's evidence failed to meet the standard of proof because key witnesses' testimony was undermined by hostility, inconsistency, admitted falsehoods, possible collusion and corroboration weaknesses, leaving reasonable doubt on each of the four charges.
Source-derived case information.
- Citation
- 2001 BCSC 766
- Parties
- Crown: Regina; Accused: G.H.S.
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 25 May 2001
- Procedural Posture
- Criminal Assault and Sexual Assault / Trial Reasons for Judgment
- Outcome
- Not guilty on all four counts
- Legal Topics
- Assault, Sexual Assault, Publication Ban, Credibility Assessment, Delay in Reporting, Trial Judgment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina
Crown
G.H.S.
Accused
Procedural Posture
Criminal Assault and Sexual Assault / Trial Reasons for Judgment
Legal Issues
- 1 Whether the accused committed the alleged assaults and sexual assaults
- 2 Whether the Crown proved the charges beyond a reasonable doubt
- 3 Assessment of witness credibility and possible collusion or fabrication
Ratio Decidendi
The Crown's evidence failed to meet the standard of proof because key witnesses' testimony was undermined by hostility, inconsistency, admitted falsehoods, possible collusion and corroboration weaknesses, leaving reasonable doubt on each of the four charges.
Court Disposition
Not guilty on all four counts
Orders
- Ban on publication of any information identifying the complainants under s.486(3) Criminal Code
- Accused acquitted on Counts 1 to 4 (entered verdicts of not guilty)
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