R. v. Turner

R. v. Turner

The judge accepted the complainant's evidence as credible, found the DNA profile on the complainant's clothing matched the accused beyond a reasonable doubt, and convicted the accused of the included offence of sexual assault while acquitting him of the higher charge of causing bodily harm because the Crown did not prove bodily harm beyond a reasonable doubt.

Citation
2004 BCSC 1778
Parties
Crown: Regina; Accused: Ryan Shawn Turner; Complainant: A.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 October 2004
Procedural Posture
Criminal Sexual Offences / Trial Judgment (verdict)
Outcome
Accused convicted of sexual assault (included offence); acquitted of causing bodily harm (indictment offence).
Legal Topics
Sexual Assault, Consent, Bodily Harm, DNA Evidence, Credibility Assessment, Standard of Proof
Source Language
English
Criminal Law Sexual Offences Forensic Evidence Evidence Law Sexual Assault Consent Bodily Harm DNA Evidence +2 more

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Parties

Regina

Crown

Ryan Shawn Turner

Accused

A.B.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the accused committed sexual assault
  2. 2 Whether the complainant consented
  3. 3 Whether the conduct caused bodily harm

Ratio Decidendi

The judge accepted the complainant's evidence as credible, found the DNA profile on the complainant's clothing matched the accused beyond a reasonable doubt, and convicted the accused of the included offence of sexual assault while acquitting him of the higher charge of causing bodily harm because the Crown did not prove bodily harm beyond a reasonable doubt.

Court Disposition

Accused convicted of sexual assault (included offence); acquitted of causing bodily harm (indictment offence).

Orders

  • Convicted of sexual assault (included offence)
  • Acquitted of causing bodily harm (indictment offence)