R. v. Jesse

R. v. Jesse

Trial judge accepted Crown eyewitness evidence that accused exited the residence a second time and rejected accused's account; admitted and afforded decisive weight to similar fact evidence (1993 assault with foreign objects) as a distinctive hallmark linking accused to insertion of a foreign object into an unconscious woman; combining eyewitness identification, physical circumstances, medical findings and the distinctive modus operandi established guilt beyond a reasonable doubt.

Citation
2007 BCSC 1355
Parties
Prosecution: Regina; Accused: Larry Wayne Jesse; Complainant: J.M. (complainant); Similar Fact Complainant: J.S. (deceased, similar fact complainant)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2007
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Guilty of sexual assault (s.271 Criminal Code)
Legal Topics
Identification, Consent, Similar Fact Evidence, Eyewitness Identification, Admissibility, Disclosure and S.7/s.11(d) Charter Issues
Source Language
English
Criminal Law Evidence Sexual Offences Charter Disclosure Forensic Evidence Identification Consent Similar Fact Evidence +3 more

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Parties

Regina

Prosecution

Larry Wayne Jesse

Accused

J.M. (complainant)

Complainant

J.S. (deceased, similar fact complainant)

Similar Fact Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the cork found in the complainant's vagina was placed by someone other than herself and constituted a sexual assault
  2. 2 Whether the complainant was capable of and did not consent to the sexual activity
  3. 3 Whether the Crown proved beyond a reasonable doubt that Larry Jesse was the person who inserted the cork

Ratio Decidendi

Trial judge accepted Crown eyewitness evidence that accused exited the residence a second time and rejected accused's account; admitted and afforded decisive weight to similar fact evidence (1993 assault with foreign objects) as a distinctive hallmark linking accused to insertion of a foreign object into an unconscious woman; combining eyewitness identification, physical circumstances, medical findings and the distinctive modus operandi established guilt beyond a reasonable doubt.

Court Disposition

Guilty of sexual assault (s.271 Criminal Code)

Orders

  • Accused convicted of one count of sexual assault contrary to s.271 Criminal Code
  • Publication ban on identifying complainant and associates pursuant to s.486.4(1) Criminal Code