R. v. Adubofour-Poku

R. v. Adubofour-Poku

The appeal is dismissed because the trial judge's credibility findings accepting the complainant and rejecting the accused were reasonable on the record, did not apply a stricter standard to the accused or shift the burden of proof, and the reasons given were sufficiently responsive to the live issues to allow...

Source-derived case information.

Citation
2018 BCSC 78
Parties
Crown: Regina; Accused: Elvis Robert Adubofour-Poku; Complainant: S.G.; Witness: L.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 January 2018
Procedural Posture
Criminal Sexual Assault (summary Conviction Appeal) / Appeal From Provincial Court Conviction (summary Conviction Appeal)
Outcome
Appeal dismissed
Legal Topics
Consent, Mistaken Belief in Consent, Credibility Assessment, Burden of Proof, Adequacy of Reasons
Source Language
english
Criminal Law Sexual Offences Evidence Consent Mistaken Belief in Consent Credibility Assessment Burden of Proof Adequacy of Reasons

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Elvis Robert Adubofour-Poku

Accused

S.G.

Complainant

L.A.

Witness

Procedural Posture

Criminal Sexual Assault (summary Conviction Appeal) / Appeal From Provincial Court Conviction (summary Conviction Appeal)

Legal Issues

  1. 1 Did the complainant consent to the sexual activity?
  2. 2 Did the accused have an honest mistaken belief in consent?
  3. 3 Did the trial judge apply a stricter standard to the accused's evidence than to the complainant's, thereby reversing the burden?

Ratio Decidendi

The appeal is dismissed because the trial judge's credibility findings accepting the complainant and rejecting the accused were reasonable on the record, did not apply a stricter standard to the accused or shift the burden of proof, and the reasons given were sufficiently responsive to the live issues to allow meaningful appellate review.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Conviction upheld