R. v. L.I.

R. v. L.I.

The trial judge accepted the complainant's evidence as reliable, rejected the accused's evidence as not credible, found the force used exceeded what s.43 permits (including blows to the head and use of a comb), concluded the comb was used as a weapon, found sexual acts were without consent, and therefore convicted the accused on multiple assault and sexual assault counts while acquitting on the uttering threats count; overlapping convictions for assaults and weapon assaults on the same victims were conditionally stayed under Kienapple.

Citation
2014 BCSC 2595
Parties
Prosecution: Regina; Accused: L.I.; Complainant: Complainant (wife)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 August 2014
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted of multiple offences: assault on the complainant (Count 1), assault on child J.I. (Count 4), assault with a weapon against M.I. and M.A.I. (Counts 5 and 6), and sexual assault (Count 7); not guilty of uttering a threat (Count 8); conditional stay of proceedings entered on Counts 2 and 3 (assaults on M.I....
Legal Topics
Assault, Assault With a Weapon, Sexual Assault, Consent, Correction of Children (s.43), Uttering Threats, Credibility of Witnesses
Source Language
English
Criminal Law Family/child Protection Assault Assault With a Weapon Sexual Assault Consent Correction of Children (s.43) Uttering Threats +1 more

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Parties

Regina

Prosecution

L.I.

Accused

Complainant (wife)

Complainant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused committed multiple assaults against his spouse and children
  2. 2 Whether use of a comb constituted assault with a weapon
  3. 3 Whether the complainant consented to the sexual acts alleged

Ratio Decidendi

The trial judge accepted the complainant's evidence as reliable, rejected the accused's evidence as not credible, found the force used exceeded what s.43 permits (including blows to the head and use of a comb), concluded the comb was used as a weapon, found sexual acts were without consent, and therefore convicted the accused on multiple assault and sexual assault counts while acquitting on the uttering threats count; overlapping convictions for assaults and weapon assaults on the same victims were conditionally stayed under Kienapple.

Court Disposition

Convicted of multiple offences: assault on the complainant (Count 1), assault on child J.I. (Count 4), assault with a weapon against M.I. and M.A.I. (Counts 5 and 6), and sexual assault (Count 7); not guilty of uttering a threat (Count 8); conditional stay of proceedings entered on Counts 2 and 3 (assaults on M.I....

Orders

  • Guilty verdict entered on Counts 1,4,5,6 and 7 (assaults, assaults with a weapon, sexual assault)
  • Not guilty on Count 8 (uttering a threat)