R. v. Lonegren

R. v. Lonegren

The Crown proved beyond a reasonable doubt that the accused entered the girls' bedroom and sexually touched B.A.; B.A.'s evidence was credible and established both sexual assault/touching for a sexual purpose and requisite intent despite alcohol; S.B.'s inconsistent statements and admitted lie fatally undermined proof as to her allegations; Kienapple requires conviction on the more serious count (s.151) and a stay on the other overlapping count.

Citation
2008 BCSC 1817
Parties
Crown: Regina; Accused: Kirk Allwar Lonegren; Complainant: S.B.; Complainant: B.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 October 2008
Procedural Posture
Criminal Sexual Offences / Trial — Judgment (oral Reasons)
Outcome
Conviction entered on Count 3 (s.151); judicial stay entered on Count 4 pursuant to Kienapple; acquitted on Counts 1 and 2 (s.271).
Legal Topics
Sexual Assault, Touching for a Sexual Purpose, Child Witness Credibility, Kienapple Principle (duplicative Convictions), Specific Intent, Disclosure S.486(4.1)
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Touching for a Sexual Purpose Child Witness Credibility Kienapple Principle (duplicative Convictions) Specific Intent +1 more

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Parties

Regina

Crown

Kirk Allwar Lonegren

Accused

S.B.

Complainant

B.A.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial — Judgment (oral Reasons)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that the accused committed the offences alleged in Counts 1–4
  2. 2 Assessment of credibility and reliability of child complainants
  3. 3 Whether the touching constituted a sexual assault and whether specific intent for s.151 was established

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused entered the girls' bedroom and sexually touched B.A.; B.A.'s evidence was credible and established both sexual assault/touching for a sexual purpose and requisite intent despite alcohol; S.B.'s inconsistent statements and admitted lie fatally undermined proof as to her allegations; Kienapple requires conviction on the more serious count (s.151) and a stay on the other overlapping count.

Court Disposition

Conviction entered on Count 3 (s.151); judicial stay entered on Count 4 pursuant to Kienapple; acquitted on Counts 1 and 2 (s.271).

Orders

  • Conviction entered on Count 3 (touching for a sexual purpose — s.151 Criminal Code)
  • Judicial stay of proceedings entered on Count 4 (sexual assault — s.271) pursuant to Kienapple principle