R. v. Reis

R. v. Reis

Trial judge accepted the complainant's account as credible, rejected the defence and defence witnesses as not credible, found weapons and medical/physical evidence corroborative, and concluded the Crown proved both the actus reus and mens rea of sexual assault with a weapon and unlawful confinement beyond a reasonable doubt.

Citation
2010 BCSC 1775
Parties
Crown: Regina; Accused: Victor Joseph Reis; Complainant: I.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 September 2010
Procedural Posture
Criminal Sexual Assault and Unlawful Confinement / Trial Judgment
Outcome
Defendant found guilty on Count 1 (sexual assault with a weapon) and Count 2 (unlawful confinement).
Legal Topics
Sexual Assault, Consent, Use of Weapon, Unlawful Confinement, Credibility Assessment, Medical Forensic Evidence
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Use of Weapon Unlawful Confinement Credibility Assessment +1 more

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Parties

Regina

Crown

Victor Joseph Reis

Accused

I.C.

Complainant

Procedural Posture

Criminal Sexual Assault and Unlawful Confinement / Trial Judgment

Legal Issues

  1. 1 Whether the sexual intercourse occurred without consent
  2. 2 Whether the accused was aware of the complainant's lack of consent (mens rea)
  3. 3 Whether the complainant was unlawfully confined

Ratio Decidendi

Trial judge accepted the complainant's account as credible, rejected the defence and defence witnesses as not credible, found weapons and medical/physical evidence corroborative, and concluded the Crown proved both the actus reus and mens rea of sexual assault with a weapon and unlawful confinement beyond a reasonable doubt.

Court Disposition

Defendant found guilty on Count 1 (sexual assault with a weapon) and Count 2 (unlawful confinement).