R. v. J.S.D.

R. v. J.S.D.

Trial judge found the accused's testimony inherently unreliable and inconsistent, accepted the complainant and sons as credible, and on that basis concluded the Crown proved beyond a reasonable doubt the majority of charged assaults while acquitting on counts where reasonable doubt or legal/temporal defects existed (Counts 8 and 12).

Citation
2012 BCSC 2047
Parties
Prosecution: Regina; Accused: J.S.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 December 2012
Procedural Posture
Criminal / Trial Judgment (oral Reasons)
Outcome
Guilty on Counts 1-7, 9-11, 13-15; Not guilty on Counts 8 and 12.
Legal Topics
Assault, Assault With a Weapon, Assault Causing Bodily Harm, Evidence Credibility, Publication Ban (s.486.5 Criminal Code)
Source Language
English
Criminal Law Domestic Violence Assault Assault With a Weapon Assault Causing Bodily Harm Evidence Credibility Publication Ban (s.486.5 Criminal Code)

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Parties

Regina

Prosecution

J.S.D.

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the Crown proved each count beyond a reasonable doubt
  2. 2 Credibility assessment of complainant, accused and eyewitnesses
  3. 3 Admissibility and limited use of medical records as prior consistent statements

Ratio Decidendi

Trial judge found the accused's testimony inherently unreliable and inconsistent, accepted the complainant and sons as credible, and on that basis concluded the Crown proved beyond a reasonable doubt the majority of charged assaults while acquitting on counts where reasonable doubt or legal/temporal defects existed (Counts 8 and 12).

Court Disposition

Guilty on Counts 1-7, 9-11, 13-15; Not guilty on Counts 8 and 12.

Orders

  • Publication ban pursuant to Criminal Code s.486.5 remains in effect