R. v. T.S.G.

R. v. T.S.G.

The trial judge accepted the complainant's evidence as credible and detailed, rejected the accused's evidence as inconsistent and evasive, and held that the Crown proved beyond a reasonable doubt that the accused committed the sexual assaults alleged in Counts 1 and 3, that the complainant was in a position of dependency (Count 5), and that the accused pointed a firearm at the complainant (Count 7); Counts 2, 4 and 6 were conditionally stayed.

Citation
2004 BCSC 563
Parties
Crown: Regina; Accused: T.S.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2004
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused convicted on Counts 1, 3, 5 and 7; conditional stay entered on Counts 2, 4 and 6
Legal Topics
Sexual Assault, Sexual Touching, Incest, Pointing a Firearm, Credibility Assessment, Dependency/trust, Conditional Stay
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Touching Incest Pointing a Firearm Credibility Assessment +2 more

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Parties

Regina

Crown

T.S.G.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused committed sexual assaults as charged in Counts 1 and 3
  2. 2 Whether the complainant's evidence was credible and sufficient to prove the offences beyond a reasonable doubt
  3. 3 Whether the defence explanations (back injury, dogs, motive to fabricate, letter) create reasonable doubt

Ratio Decidendi

The trial judge accepted the complainant's evidence as credible and detailed, rejected the accused's evidence as inconsistent and evasive, and held that the Crown proved beyond a reasonable doubt that the accused committed the sexual assaults alleged in Counts 1 and 3, that the complainant was in a position of dependency (Count 5), and that the accused pointed a firearm at the complainant (Count 7); Counts 2, 4 and 6 were conditionally stayed.

Court Disposition

Accused convicted on Counts 1, 3, 5 and 7; conditional stay entered on Counts 2, 4 and 6

Orders

  • Find accused guilty of Count 1 (sexual assault)
  • Find accused guilty of Count 3 (sexual assault)