R. v. Semchuk

R. v. Semchuk

Court convicted accused on Count 1 (touching and brief rubbing of complainant F's breasts) because evidence proved beyond reasonable doubt that the touching was sexual and intentional; court acquitted on Counts 2–11 because Crown failed to overcome reasonable doubt given delayed reporting, inconsistencies, possible contamination among child witnesses, and insufficiently reliable or corroborated evidence for those counts.

Citation
2011 BCSC 1543
Parties
Crown: Regina; Accused: Gary Nicholas Semchuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 July 2011
Procedural Posture
Criminal (sexual Assault) / Trial (verdict)
Outcome
Convicted on Count 1; Acquitted on Counts 2-11
Legal Topics
Sexual Assault, Touching for a Sexual Purpose, Child Witness Credibility, Delay in Reporting, Similar Fact Evidence, Memory/repressed Memory, Mens Rea and Actus Reus
Source Language
English
Criminal Law Evidence Child Protection Sexual Assault Touching for a Sexual Purpose Child Witness Credibility Delay in Reporting Similar Fact Evidence +2 more

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Parties

Regina

Crown

Gary Nicholas Semchuk

Accused

Procedural Posture

Criminal (sexual Assault) / Trial (verdict)

Legal Issues

  1. 1 Whether accused touched each complainant
  2. 2 Whether the touching was of a sexual nature
  3. 3 Whether the touching was intentional (mens rea)

Ratio Decidendi

Court convicted accused on Count 1 (touching and brief rubbing of complainant F's breasts) because evidence proved beyond reasonable doubt that the touching was sexual and intentional; court acquitted on Counts 2–11 because Crown failed to overcome reasonable doubt given delayed reporting, inconsistencies, possible contamination among child witnesses, and insufficiently reliable or corroborated evidence for those counts.

Court Disposition

Convicted on Count 1; Acquitted on Counts 2-11

Orders

  • Findings: Guilty on Count 1; Not guilty on Counts 2 through 11
  • Publication ban pursuant to s. 486.4(2) Criminal Code