R. v. B.E.M.

R. v. B.E.M.

The judge convicted because the complainant was found credible and her core account was consistent and adopted on oath and on the videotaped statement; the inconsistencies were peripheral, explicable by her age and stress, and did not raise a reasonable doubt on the totality of the evidence.

Citation
2007 BCSC 2040
Parties
Crown: Regina; Accused: B. E. M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 August 2007
Procedural Posture
Criminal / Judgment (trial)
Outcome
Guilty as charged
Legal Topics
Sexual Assault, Child Witness Credibility, Delay in Disclosure, Admissibility of Prior Statement Under S.715.1, Publication Ban S.486.4(1)
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Child Witness Credibility Delay in Disclosure Admissibility of Prior Statement Under S.715.1 Publication Ban S.486.4(1)

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Parties

Regina

Crown

B. E. M.

Accused

Procedural Posture

Criminal / Judgment (trial)

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271 of the Criminal Code
  2. 2 Whether the complainant's evidence was credible despite inconsistencies
  3. 3 Admissibility and weight of the complainant's audio/video statement under s.715.1 Criminal Code

Ratio Decidendi

The judge convicted because the complainant was found credible and her core account was consistent and adopted on oath and on the videotaped statement; the inconsistencies were peripheral, explicable by her age and stress, and did not raise a reasonable doubt on the totality of the evidence.

Court Disposition

Guilty as charged

Orders

  • Accused found guilty of sexual assault contrary to s.271 Criminal Code
  • Publication restriction noted under s.486.4(1) Criminal Code