R. v. Kane

R. v. Kane

Judge accepted that complainant was generally truthful despite memory frailties, gave little weight to her courtroom identification, but found medical findings and DNA evidence established beyond a reasonable doubt that the accused had unprotected sexual intercourse with the complainant on February 12, 1995; rejected accused's denials and surrounding explanations and convicted him of sexual assault.

Citation
2010 BCSC 1975
Parties
Crown: Regina; Accused: Carl Joseph Kane; Complainant: S.J. (also known as S.P.)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 October 2010
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Accused found guilty of sexual assault contrary to s.271 Criminal Code
Legal Topics
Identification, Credibility, DNA Evidence, Medical Evidence, Witness Reliability, Eye Witness Identification
Source Language
English
Criminal Law Evidence Forensic DNA Sexual Assault Identification Credibility DNA Evidence Medical Evidence +2 more

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Parties

Regina

Crown

Carl Joseph Kane

Accused

S.J. (also known as S.P.)

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271 Criminal Code
  2. 2 Whether the complainant's identification of the accused is reliable
  3. 3 What weight to give DNA and medical evidence linking the accused to the complainant

Ratio Decidendi

Judge accepted that complainant was generally truthful despite memory frailties, gave little weight to her courtroom identification, but found medical findings and DNA evidence established beyond a reasonable doubt that the accused had unprotected sexual intercourse with the complainant on February 12, 1995; rejected accused's denials and surrounding explanations and convicted him of sexual assault.

Court Disposition

Accused found guilty of sexual assault contrary to s.271 Criminal Code

Orders

  • Accused found guilty of sexual assault contrary to s.271 Criminal Code
  • No sentence specified in these reasons