R. v. Meigs

R. v. Meigs

On the totality of the credible evidence (complainants, physical evidence and recordings) the Crown proved beyond a reasonable doubt that the accused unlawfully broke and entered, confined and sexually assaulted T., assaulted Mrs. J. with a weapon, pointed and used a firearm to threaten and assault A. and K., stole...

Source-derived case information.

Citation
2004 BCSC 1828
Parties
Crown: Regina; Accused: Ernest Thomas Meigs
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 February 2004
Procedural Posture
Criminal Trial / Trial Judgment (oral Reasons for Judgment)
Outcome
Accused found guilty on all twelve counts
Legal Topics
Consent, Mistake of Fact (honest But Mistaken Belief), Wilful Blindness, Credibility Assessment, Bad Character Evidence Admissibility, Use of Weapon in Commission of Offences, Break and Enter
Source Language
english
Criminal Law Sexual Offences Kidnapping and Unlawful Confinement Theft Firearms Law Evidence Consent Mistake of Fact (honest But Mistaken Belief) +5 more

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Parties

Regina

Crown

Ernest Thomas Meigs

Accused

Procedural Posture

Criminal Trial / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the accused committed break and enter and confined and sexually assaulted T.
  2. 2 Whether A. was kidnapped and unlawfully confined and whether her apparent consent was vitiated by threats or fear
  3. 3 Whether the accused had the requisite mens rea for sexual assault or an honest but mistaken belief in consent

Ratio Decidendi

On the totality of the credible evidence (complainants, physical evidence and recordings) the Crown proved beyond a reasonable doubt that the accused unlawfully broke and entered, confined and sexually assaulted T., assaulted Mrs. J. with a weapon, pointed and used a firearm to threaten and assault A. and K., stole Mrs. J.'s vehicle, kidnapped and unlawfully confined A. for about 28 hours and on three occasions sexually assaulted A. with a weapon; any ostensible consent by A. was vitiated by threats and fear, the accused's claimed honest but mistaken belief in consent failed (he was wilfully blind and did not take reasonable steps to ascertain consent), and admitted bad‑character/NCRMD...

Court Disposition

Accused found guilty on all twelve counts

Orders

  • Accused convicted on Counts 1 through 12.
  • Publication ban ordered under s.486(3) of the Criminal Code prohibiting identification of any complainant or witness.