R. v. D.J.S.

R. v. D.J.S.

The contemporaneous statements by the complainant and J.K. were admissible as res gestae and, when assessed for credibility, the complainant and J.K. were credible; the accused's inconsistent testimony and equivocal non‑denial did not raise a reasonable doubt, therefore the Crown proved sexual assault beyond a reasonable doubt.

Citation
2010 BCSC 1963
Parties
Crown: Regina; Accused: D.J.S.; Complainant: Complainant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2010
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Outcome
Accused found guilty of Count 1 (sexual assault)
Legal Topics
Recent Complaint, Res Gestae, Credibility Assessment, Post Offence Conduct, Prior Convictions, Admissibility
Source Language
English
Criminal Law Sexual Offences Evidence Law Recent Complaint Res Gestae Credibility Assessment Post Offence Conduct Prior Convictions +1 more

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Parties

Regina

Crown

D.J.S.

Accused

Complainant

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused sexually assaulted the complainant
  2. 2 Admissibility of recent complaint evidence under s.275 Criminal Code
  3. 3 Whether contemporaneous statements formed part of the res gestae

Ratio Decidendi

The contemporaneous statements by the complainant and J.K. were admissible as res gestae and, when assessed for credibility, the complainant and J.K. were credible; the accused's inconsistent testimony and equivocal non‑denial did not raise a reasonable doubt, therefore the Crown proved sexual assault beyond a reasonable doubt.

Court Disposition

Accused found guilty of Count 1 (sexual assault)