R. v. Toenders

R. v. Toenders

The court convicted because CCTV and independent eyewitness evidence, together with the complainant's testimony and her injuries, established beyond a reasonable doubt that the accused applied force for a sexual purpose and that there was no consent; the accused's claim of honest belief in consent lacked any air of reality, was undermined by intoxication and failure to take reasonable steps to ascertain consent, and did not raise a reasonable doubt.

Citation
2017 BCSC 2519
Parties
Crown: Regina; Accused: Clayton William Toenders; Complainant: K.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2017
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Convicted as charged (sexual assault)
Legal Topics
Consent, Honest But Mistaken Belief, Use of CCTV and Eyewitness Corroboration, Credibility Assessment, Intoxication and Consent
Source Language
English
Criminal Law Sexual Offences Evidence Consent Honest But Mistaken Belief Use of CCTV and Eyewitness Corroboration Credibility Assessment Intoxication and Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Clayton William Toenders

Accused

K.S.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether the accused had an honest but mistaken belief in consent
  3. 3 Whether force or fear vitiated consent under the Criminal Code

Ratio Decidendi

The court convicted because CCTV and independent eyewitness evidence, together with the complainant's testimony and her injuries, established beyond a reasonable doubt that the accused applied force for a sexual purpose and that there was no consent; the accused's claim of honest belief in consent lacked any air of reality, was undermined by intoxication and failure to take reasonable steps to ascertain consent, and did not raise a reasonable doubt.

Court Disposition

Convicted as charged (sexual assault)

Orders

  • Conviction entered: accused found guilty as charged
  • Publication ban under Criminal Code s. 486.4 in effect