R. v. Tayebi
Trial judge accepted both complainants' core accounts, rejected the accused's denials and his witnesses as not credible; found no reliable evidence of collusion between families; held that each count was proven beyond a reasonable doubt and convicted the accused on both counts.
- Citation
- 2000 BCSC 819
- Parties
- Crown/prosecution: Regina; Accused: Amir Tayebi; Complainant: B.M.; Complainant: B.G.
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 18 September 2000
- Procedural Posture
- Criminal Sexual Assault / Trial Judgment (reasons for Judgment)
- Outcome
- Accused found guilty on both counts of sexual assault
- Legal Topics
- Sexual Assault, Credibility, Similar Fact Evidence, Delayed Disclosure, Expert Evidence on Child Memory
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Crown/prosecution
Amir Tayebi
Accused
B.M.
Complainant
B.G.
Complainant
Procedural Posture
Criminal Sexual Assault / Trial Judgment (reasons for Judgment)
Legal Issues
- 1 Whether the accused committed sexual assaults on two complainants
- 2 Whether incidents occurred within indictment periods
- 3 Whether complainants' accounts are credible despite peripheral inconsistencies
Ratio Decidendi
Trial judge accepted both complainants' core accounts, rejected the accused's denials and his witnesses as not credible; found no reliable evidence of collusion between families; held that each count was proven beyond a reasonable doubt and convicted the accused on both counts.
Court Disposition
Accused found guilty on both counts of sexual assault
Orders
- Accused Guilty as charged on Count 1 and Count 2 (sexual assault)
Full Case Text
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