R. v. Malik,

R. v. Malik,

Trial judge accepted complainant's account and found it corroborated by contemporaneous text messages, post-event emotional state, witness observations, phone records, presence of complainant's sweater at accused's home and semen on complainant's dress matching the accused; inconsistencies in accused's account and his post-event conduct undermined his credibility; Crown proved lack of consent beyond a reasonable doubt, resulting in conviction.

Citation
2011 BCSC 1395
Parties
Crown: Regina; Accused: Wasim Asghar Malik; Complainant: A.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 October 2011
Procedural Posture
Criminal Sexual Assault / Trial Judgment (convicted)
Outcome
Accused found guilty of sexual assault.
Legal Topics
Sexual Assault, Consent, Evidence, Intoxication, Post Event Demeanour, Publication Ban
Source Language
English
Criminal Law Sexual Assault Consent Evidence Intoxication Post Event Demeanour Publication Ban

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Parties

Regina

Crown

Wasim Asghar Malik

Accused

A.B.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (convicted)

Legal Issues

  1. 1 Whether the complainant voluntarily consented to the sexual activity
  2. 2 Assessment of credibility of complainant versus accused
  3. 3 Relevance of complainant's intoxication to consent

Ratio Decidendi

Trial judge accepted complainant's account and found it corroborated by contemporaneous text messages, post-event emotional state, witness observations, phone records, presence of complainant's sweater at accused's home and semen on complainant's dress matching the accused; inconsistencies in accused's account and his post-event conduct undermined his credibility; Crown proved lack of consent beyond a reasonable doubt, resulting in conviction.

Court Disposition

Accused found guilty of sexual assault.

Orders

  • Accused found guilty as charged
  • Publication ban on the name of the complainant and any information identifying her under s.486.4(2) Criminal Code