R. v. Clayton

R. v. Clayton

Judge accepted the complainant's evidence as credible on essential elements, found the surveillance video authentic and corroborative despite imperfections, and concluded beyond a reasonable doubt that the accused committed assault(s) and unlawfully confined the complainant on February 28, 2015; convicted on Count 1...

Source-derived case information.

Citation
2016 BCSC 2153
Parties
Crown: Regina; Accused: Larry Daniel Clayton; Witness/complainant: Complainant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 November 2016
Procedural Posture
Criminal Assault and Unlawful Confinement / Trial (judgment)
Outcome
Defendant found guilty on Count 1 (assault) and Count 2 (unlawful confinement).
Legal Topics
Assault, Unlawful Confinement, Video Surveillance Admissibility, Credibility Assessment, Expert Opinion Evidence (s.657.3)
Source Language
english
Criminal Law Evidence Law Assault Unlawful Confinement Video Surveillance Admissibility Credibility Assessment Expert Opinion Evidence (s.657.3)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Larry Daniel Clayton

Accused

Complainant

Witness/complainant

Procedural Posture

Criminal Assault and Unlawful Confinement / Trial (judgment)

Legal Issues

  1. 1 Whether the Crown proved assault(s) beyond a reasonable doubt under s.265/266 of the Criminal Code
  2. 2 Whether the Crown proved unlawful confinement beyond a reasonable doubt under s.279(2) of the Criminal Code
  3. 3 Admissibility and authenticity of surveillance video evidence

Ratio Decidendi

Judge accepted the complainant's evidence as credible on essential elements, found the surveillance video authentic and corroborative despite imperfections, and concluded beyond a reasonable doubt that the accused committed assault(s) and unlawfully confined the complainant on February 28, 2015; convicted on Count 1 (assault) and Count 2 (unlawful confinement).

Court Disposition

Defendant found guilty on Count 1 (assault) and Count 2 (unlawful confinement).