R. v. Rourke
Court accepted the complainant's testimony and concluded the accused's telephone call and letter constituted admissions of sexual touching and sexual assault; the accused was not credible and the Crown proved guilt beyond a reasonable doubt on Counts 1 and 3.
- Citation
- 2003 BCSC 1003
- Parties
- Crown: Regina; Accused: Daniel Irwin ROURKE
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 27 June 2003
- Procedural Posture
- Criminal / Trial Judgment (conviction)
- Outcome
- Guilty on Counts 1 and 3; Count 2 stayed by the Crown
- Legal Topics
- Sexual Assault, Touching of Person Under 14, Credibility Assessment, Admissions (extrajudicial Statements), Similar Fact Evidence, Evidence of Apology
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Crown
Daniel Irwin ROURKE
Accused
Procedural Posture
Criminal / Trial Judgment (conviction)
Legal Issues
- 1 Whether the accused committed sexual touching of a person under 14 contrary to s.151 Criminal Code
- 2 Whether the accused committed sexual assault contrary to s.271 Criminal Code
- 3 Assessment of credibility of complainant and accused
Ratio Decidendi
Court accepted the complainant's testimony and concluded the accused's telephone call and letter constituted admissions of sexual touching and sexual assault; the accused was not credible and the Crown proved guilt beyond a reasonable doubt on Counts 1 and 3.
Court Disposition
Guilty on Counts 1 and 3; Count 2 stayed by the Crown
Orders
- Convicted on Count 1 (s.151 Criminal Code)
- Convicted on Count 3 (s.271 Criminal Code)
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