R. v. Lennax

R. v. Lennax

The trial judge accepted the complainant's contemporaneous videotaped statement and live evidence as reliable, rejected key aspects of the accused's account as fabricated, and concluded beyond a reasonable doubt that the accused digitally penetrated the complainant, French‑kissed her, and induced her to touch his penis; convictions on s.271, s.151 and s.152 followed.

Citation
2008 BCSC 1227
Parties
Crown: Regina; Accused: Kyle David Lennax; Complainant: A.B.; Complainant's Mother: C.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2008
Procedural Posture
Criminal Sexual Offences / Trial Judgment (oral Reasons)
Outcome
Accused convicted on all counts
Legal Topics
Sexual Assault, Touching for Sexual Purpose, Inciting to Touch, Child Witness Testimony, Videotaped Statements, Publication Ban
Source Language
English
Criminal Law Evidence Child Protection Sexual Assault Touching for Sexual Purpose Inciting to Touch Child Witness Testimony Videotaped Statements +1 more

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Parties

Regina

Crown

Kyle David Lennax

Accused

A.B.

Complainant

C.B.

Complainant's Mother

Procedural Posture

Criminal Sexual Offences / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether Crown proved sexual assault and related offences beyond a reasonable doubt
  2. 2 Assessment of credibility of a child complainant vs accused
  3. 3 Admissibility and weight of videotaped statement and prior statements

Ratio Decidendi

The trial judge accepted the complainant's contemporaneous videotaped statement and live evidence as reliable, rejected key aspects of the accused's account as fabricated, and concluded beyond a reasonable doubt that the accused digitally penetrated the complainant, French‑kissed her, and induced her to touch his penis; convictions on s.271, s.151 and s.152 followed.

Court Disposition

Accused convicted on all counts

Orders

  • Convicted on Count 1: sexual assault contrary to s.271 Criminal Code
  • Convicted on Count 2: touching a person under 14 for a sexual purpose contrary to s.151 Criminal Code