R. v. Berry

R. v. Berry

The court accepted T.P.'s credible, consistent evidence and rejected Berry's account as implausible and unnecessary; on the whole of the evidence the Crown proved Count 2 beyond a reasonable doubt, and convictions were entered on Counts 1,2,4 and 5 with a conditional stay on Count 3 under Kienapple.

Source-derived case information.

Citation
2013 BCSC 1878
Parties
Crown: Regina; Accused: Glen Berry; Complainant/victim: T.P.; Victim: R.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 October 2013
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on Counts 1,2,4,5; conditional stay on Count 3
Legal Topics
Assault, Sexual Assault, Voyeurism, Credibility and Witness Assessment, Voir Dire, Double Jeopardy (kienapple)
Source Language
english
Criminal Law Sexual Offences Evidence Assault Sexual Assault Voyeurism Credibility and Witness Assessment Voir Dire +1 more

Source-derived case record

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Parties

Regina

Crown

Glen Berry

Accused

T.P.

Complainant/victim

R.A.

Victim

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved the assault (Count 2) beyond a reasonable doubt
  2. 2 Credibility assessment of complainant versus accused
  3. 3 Application of R. v. W.(D.) and R. v. Kienapple principles

Ratio Decidendi

The court accepted T.P.'s credible, consistent evidence and rejected Berry's account as implausible and unnecessary; on the whole of the evidence the Crown proved Count 2 beyond a reasonable doubt, and convictions were entered on Counts 1,2,4 and 5 with a conditional stay on Count 3 under Kienapple.

Court Disposition

Convicted on Counts 1,2,4,5; conditional stay on Count 3

Orders

  • Conviction entered Count 1 - sexual assault of T.P. contrary to s.271 of the Criminal Code
  • Conviction entered Count 2 - assault of T.P. contrary to s.266 of the Criminal Code