R. v. Hart

R. v. Hart

On the whole of the evidence the court was satisfied beyond a reasonable doubt that the accused committed the offences: two independent child identifications corroborated by consistent contemporaneous descriptions, location/timing evidence, partial DNA results permissive of the complainant as a contributor, fibre...

Source-derived case information.

Citation
2002 BCSC 498
Parties
Crown: Regina; Accused: Benjamin Corey Hart; Complainant: ME. MA.; Complainant: K. MI.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 April 2002
Procedural Posture
Criminal / Trial Judgment (conviction)
Outcome
Guilty on all counts
Legal Topics
Identification, Fibre Evidence, DNA Analysis, Contamination and Chain of Custody, Eye‑witness Reliability, Publication Ban S.486(3)
Source Language
english
Criminal Law Evidence Forensic Science Sexual Offences Child Witness Law Identification Fibre Evidence DNA Analysis +3 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Benjamin Corey Hart

Accused

ME. MA.

Complainant

K. MI.

Complainant

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused was correctly identified as the assailant
  2. 2 Reliability and admissibility/value of fibre evidence given handling concerns
  3. 3 Impact of potential cross‑contamination on forensic conclusions

Ratio Decidendi

On the whole of the evidence the court was satisfied beyond a reasonable doubt that the accused committed the offences: two independent child identifications corroborated by consistent contemporaneous descriptions, location/timing evidence, partial DNA results permissive of the complainant as a contributor, fibre findings linking complainants, accused and the vehicle (notwithstanding handling failures which reduced some forensic value), and the accused's fabricated alibi rendered the identification reliable and guilty established.

Court Disposition

Guilty on all counts

Orders

  • Found guilty of two counts of kidnapping and two counts of sexual assault
  • Publication ban ordered pursuant to s.486(3) of the Criminal Code of Canada