H.M.T.Q. v. R.J.H.

H.M.T.Q. v. R.J.H.

The trial judge accepted the complainants as credible, found their recovered memories were spontaneous, detailed, consistent with child perspective, not induced or contaminated by counselling or others, and consequently concluded beyond a reasonable doubt that the accused committed the alleged sexual assaults and convicted him on the two counts.

Citation
2000 BCSC 891
Parties
Crown: Her Majesty the Queen; Accused: R.J.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 June 2000
Procedural Posture
Criminal Sexual Assault / Trial Reasons for Judgment (conviction and Sentencing)
Outcome
Accused convicted on two counts of sexual assault
Legal Topics
Sexual Assault, Recovered Memory, Dissociative Amnesia, Credibility Assessment, Expert Evidence, Similar Fact Evidence
Source Language
English
Criminal Law Evidence Forensic Psychology Sexual Assault Recovered Memory Dissociative Amnesia Credibility Assessment Expert Evidence +1 more

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Parties

Her Majesty the Queen

Crown

R.J.H.

Accused

Procedural Posture

Criminal Sexual Assault / Trial Reasons for Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether recovered memories of the complainants are reliable and admissible for proving historical sexual assaults
  2. 2 Credibility of the complainants versus the accused
  3. 3 Whether recovered memories were induced, suggested or contaminated by counselling or other sources

Ratio Decidendi

The trial judge accepted the complainants as credible, found their recovered memories were spontaneous, detailed, consistent with child perspective, not induced or contaminated by counselling or others, and consequently concluded beyond a reasonable doubt that the accused committed the alleged sexual assaults and convicted him on the two counts.

Court Disposition

Accused convicted on two counts of sexual assault

Orders

  • Convicted on Counts #1 and #3
  • Sentence: two years imprisonment