R. v. Turnbull

R. v. Turnbull

The trial judge accepted the complainant's account and rejected the accused's as implausible, concluding the Crown proved beyond a reasonable doubt that the accused intentionally touched the complainant's hips in circumstances violating her sexual integrity (sexual assault under s.271); however, on the s.349 count the judge, while disbelieving parts of the accused's evidence, was left with a reasonable doubt as to whether the accused had the requisite intent to commit an indictable offence in the dwelling and therefore acquitted on that count.

Citation
2007 BCSC 1673
Parties
Crown: Regina; Accused: Derrick Matthew Turnbull; Complainant: S.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 November 2007
Procedural Posture
Criminal Sexual Assault and Unlawfully in Dwelling House / Trial Judgment (judge Alone)
Outcome
Accused found guilty of Count 2 (sexual assault) and not guilty of Count 1 (s.349 unlawful in dwelling-house with intent).
Legal Topics
Sexual Assault, Unlawful Entry Into Dwelling House (s.349), Credibility Assessment, Consent, Reasoned Judgment Requirements
Source Language
English
Criminal Law Evidence Sexual Assault Unlawful Entry Into Dwelling House (s.349) Credibility Assessment Consent Reasoned Judgment Requirements

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Parties

Regina

Crown

Derrick Matthew Turnbull

Accused

S.W.

Complainant

Procedural Posture

Criminal Sexual Assault and Unlawfully in Dwelling House / Trial Judgment (judge Alone)

Legal Issues

  1. 1 Whether the accused committed a sexual assault contrary to s.271 Criminal Code (touching, sexual nature, absence of consent)
  2. 2 Whether the accused was in a dwelling-house with intent to commit an indictable offence contrary to s.349 Criminal Code
  3. 3 How to assess and articulate credibility findings in a judge-alone criminal trial (W. (D.) principles and appellate review)

Ratio Decidendi

The trial judge accepted the complainant's account and rejected the accused's as implausible, concluding the Crown proved beyond a reasonable doubt that the accused intentionally touched the complainant's hips in circumstances violating her sexual integrity (sexual assault under s.271); however, on the s.349 count the judge, while disbelieving parts of the accused's evidence, was left with a reasonable doubt as to whether the accused had the requisite intent to commit an indictable offence in the dwelling and therefore acquitted on that count.

Court Disposition

Accused found guilty of Count 2 (sexual assault) and not guilty of Count 1 (s.349 unlawful in dwelling-house with intent).

Orders

  • Accused convicted of sexual assault contrary to s.271 Criminal Code
  • Accused acquitted of being in a dwelling-house with intent to commit an indictable offence contrary to s.349 Criminal Code