R. v. Allard

R. v. Allard

The court accepted the victim's account that her attacker was the man from her table and accepted independent witnesses who placed Allard as the only man at that table matching the beard and glasses description; taken with timing/location of arrest and post‑offence statements, identity of Allard as the assailant was proved beyond a reasonable doubt, but the Crown failed to prove the requisite purpose for knife possession under s.88(1), and injuries did not meet the legal threshold for aggravated sexual assault so only sexual assault was proven.

Citation
2010 BCSC 1933
Parties
Crown: Regina; Accused: Kelsey Alexander Allard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 October 2010
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on Counts 1, 2 and 3 (sexual assault and related offences); pleaded guilty to Counts 5, 6 and 7 (breaches of recognizance); acquitted of Count 4 (possession of a knife for a dangerous purpose).
Legal Topics
Sexual Assault, Identification Evidence, Consciousness of Guilt, Possession of Weapon, Breach of Recognizance
Source Language
English
Criminal Law Evidence Sexual Offences Sexual Assault Identification Evidence Consciousness of Guilt Possession of Weapon Breach of Recognizance

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Parties

Regina

Crown

Kelsey Alexander Allard

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved identity beyond a reasonable doubt
  2. 2 Whether possession of a knife was for a purpose dangerous to the public or to commit an offence under s.88(1)
  3. 3 Whether injuries supported a conviction for aggravated sexual assault or only sexual assault

Ratio Decidendi

The court accepted the victim's account that her attacker was the man from her table and accepted independent witnesses who placed Allard as the only man at that table matching the beard and glasses description; taken with timing/location of arrest and post‑offence statements, identity of Allard as the assailant was proved beyond a reasonable doubt, but the Crown failed to prove the requisite purpose for knife possession under s.88(1), and injuries did not meet the legal threshold for aggravated sexual assault so only sexual assault was proven.

Court Disposition

Convicted on Counts 1, 2 and 3 (sexual assault and related offences); pleaded guilty to Counts 5, 6 and 7 (breaches of recognizance); acquitted of Count 4 (possession of a knife for a dangerous purpose).

Orders

  • Find accused guilty on Count 1
  • Find accused guilty on Count 2 (sexual assault - included offence)