R. v. R.E.M.

R. v. R.E.M.

Applying established authority on credibility, child testimony, peripheral contradictions and W.(D.), the trial judge accepted C.J.'s evidence as credible and probative beyond a reasonable doubt on Counts 1, 2 and 4; found K.A.P.'s evidence contained significant inconsistencies leaving reasonable doubt on Counts 5...

Source-derived case information.

Citation
2004 BCSC 1679
Parties
Crown: Her Majesty the Queen; Accused: R.E.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 December 2004
Procedural Posture
Criminal Sexual Offences / Trial Reasons for Judgment (judge Alone)
Outcome
Guilty on Counts 1, 2 and 4; Not guilty on Counts 3, 5 and 6.
Legal Topics
Credibility, Child Witness Evidence, After the Fact Conduct, Collusion, Demeanour Evidence
Source Language
english
Criminal Law Sexual Offences Evidence Credibility Child Witness Evidence After the Fact Conduct Collusion Demeanour Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

R.E.M.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Reasons for Judgment (judge Alone)

Legal Issues

  1. 1 Whether complainants' testimony was credible beyond a reasonable doubt
  2. 2 How to assess child and adult testimony where events occurred in childhood
  3. 3 Significance of peripheral contradictions and alleged collusion

Ratio Decidendi

Applying established authority on credibility, child testimony, peripheral contradictions and W.(D.), the trial judge accepted C.J.'s evidence as credible and probative beyond a reasonable doubt on Counts 1, 2 and 4; found K.A.P.'s evidence contained significant inconsistencies leaving reasonable doubt on Counts 5 and 6; and dismissed Count 3 (gross indecency) for insufficient proof; no adverse inference drawn from flight except where conduct was admitted.

Court Disposition

Guilty on Counts 1, 2 and 4; Not guilty on Counts 3, 5 and 6.

Orders

  • Convicted on Counts 1, 2 and 4
  • Acquitted on Counts 3, 5 and 6