R. v. R. B. B.

R. v. R. B. B.

Although the judge disbelieved the accused on certain points, significant doubts about the complainant's credibility arose from the long delay in reporting, lack of specificity and corroboration, conflicting post‑separation conduct, and a plausible motive to fabricate tied to matrimonial litigation; those doubts...

Source-derived case information.

Citation
2000 BCSC 264
Parties
Crown: Her Majesty the Queen; Accused: Robin Bradley Brekkas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 February 2000
Procedural Posture
Criminal: Sexual Assault / Trial Judgment (acquittal)
Outcome
Acquitted (not guilty)
Legal Topics
Credibility, Reasonable Doubt, Delay in Reporting, Child Sexual Abuse, Corroboration, Motive to Fabricate
Source Language
english
Criminal Law Sexual Assault Evidence Credibility Reasonable Doubt Delay in Reporting Child Sexual Abuse Corroboration +1 more

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Parties

Her Majesty the Queen

Crown

Robin Bradley Brekkas

Accused

Procedural Posture

Criminal: Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved the accused guilty beyond a reasonable doubt
  2. 2 Assessment of credibility of the complainant and the accused
  3. 3 Effect of delayed disclosure and potential motive to fabricate due to civil litigation

Ratio Decidendi

Although the judge disbelieved the accused on certain points, significant doubts about the complainant's credibility arose from the long delay in reporting, lack of specificity and corroboration, conflicting post‑separation conduct, and a plausible motive to fabricate tied to matrimonial litigation; those doubts left the Crown unable to prove guilt beyond a reasonable doubt and required acquittal.

Court Disposition

Acquitted (not guilty)

Orders

  • Accused Robin Brekkas found not guilty of the sexual assault charges