R. v. S.

R. v. S.

Counts 1 and 2: the judge rejected the accused's account as not credible, accepted the complainants' accounts corroborated by injuries and DNA/semen evidence, and convicted for sexual assault with a weapon. Count 3: despite some corroborating physical and DNA evidence, the complainant's testimony was found unreliable and inconsistent; reasonable doubt remained, so acquittal entered on Count 3.

Citation
2005 BCSC 1916
Parties
Crown: Regina; Accused: J.G.E.S.; Complainant: K.G.; Complainant: M.H.; Complainant: K.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 March 2005
Procedural Posture
Criminal Sexual Assault With a Weapon / Trial Judgment (supreme Court of British Columbia)
Outcome
Convicted on Counts 1 and 2; acquitted on Count 3
Legal Topics
Sexual Assault, Use of a Weapon, Similar Fact Evidence, Publication/disclosure Bans, Credibility Assessment, W.(d.) Test
Source Language
English
Criminal Law Evidence Sexual Assault Use of a Weapon Similar Fact Evidence Publication/disclosure Bans Credibility Assessment W.(d.) Test

Case Brief

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Parties

Regina

Crown

J.G.E.S.

Accused

K.G.

Complainant

M.H.

Complainant

K.P.

Complainant

Procedural Posture

Criminal Sexual Assault With a Weapon / Trial Judgment (supreme Court of British Columbia)

Legal Issues

  1. 1 Whether sexual intercourse in each count was consensual
  2. 2 Whether a weapon (knife) was used to compel intercourse
  3. 3 Whether the accused's evidence raises reasonable doubt under R. v. W.(D.)

Ratio Decidendi

Counts 1 and 2: the judge rejected the accused's account as not credible, accepted the complainants' accounts corroborated by injuries and DNA/semen evidence, and convicted for sexual assault with a weapon. Count 3: despite some corroborating physical and DNA evidence, the complainant's testimony was found unreliable and inconsistent; reasonable doubt remained, so acquittal entered on Count 3.

Court Disposition

Convicted on Counts 1 and 2; acquitted on Count 3

Orders

  • Count 1: Guilty of sexual assault with a weapon contrary to s.272(1)(a) Criminal Code
  • Count 2: Guilty of sexual assault with a weapon contrary to s.272(1)(a) Criminal Code