R. v. E.H.

R. v. E.H.

The Crown failed to prove absence of consent beyond a reasonable doubt because key corroborative evidence was lacking or contradicted (no forensic evidence of GHB or spiking in the peaches, photographs did not show the blouse torn as alleged, credible alternative explanations existed for observed conduct and injuries), leaving reasonable doubt and requiring acquittal.

Citation
2014 BCSC 1747
Parties
Crown: Regina; Accused: E.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2014
Procedural Posture
Criminal Sexual Assault / Trial — Judgment (acquittal)
Outcome
Accused acquitted of the charge under s.271 Criminal Code (sexual assault)
Legal Topics
Consent, Credibility Assessment, Oath‑against‑oath Disputes, Drug‑facilitated Sexual Assault, Post‑offence Conduct
Source Language
English
Criminal Law Evidence Sexual Offences Forensic Toxicology Consent Credibility Assessment Oath‑against‑oath Disputes Drug‑facilitated Sexual Assault +1 more

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Parties

Regina

Crown

E.H.

Accused

Procedural Posture

Criminal Sexual Assault / Trial — Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved absence of consent beyond a reasonable doubt
  2. 2 Whether the complainant was involuntarily intoxicated by a drug (e.g. GHB)
  3. 3 Assessment of credibility between complainant and accused

Ratio Decidendi

The Crown failed to prove absence of consent beyond a reasonable doubt because key corroborative evidence was lacking or contradicted (no forensic evidence of GHB or spiking in the peaches, photographs did not show the blouse torn as alleged, credible alternative explanations existed for observed conduct and injuries), leaving reasonable doubt and requiring acquittal.

Court Disposition

Accused acquitted of the charge under s.271 Criminal Code (sexual assault)

Orders

  • Accused acquitted and discharged
  • Publication restriction pursuant to ss.486.4(1) and 486.4(2) C.C.C.