R. v. W.R.S.

R. v. W.R.S.

The complainant's evidence contained pervasive, significant inconsistencies and accounts that were physically implausible given her medical condition; evidence of the accused and his wife and medical/lay testimony undermined key aspects of the Crown's case, so the prosecution did not meet the burden of proof beyond a reasonable doubt; the accused is therefore acquitted of both counts.

Citation
2013 BCSC 2345
Parties
Crown: Regina; Accused: W.R.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 December 2013
Procedural Posture
Criminal Sexual Offences / Trial Judgment (acquittal)
Outcome
Accused found not guilty on both counts
Legal Topics
Sexual Assault, Position of Trust, Credibility Assessment, Publication Ban, Abuse of Process
Source Language
English
Criminal Law Evidence Constitutional Law Sexual Assault Position of Trust Credibility Assessment Publication Ban Abuse of Process

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Parties

Regina

Crown

W.R.S.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether Crown proved sexual offences beyond a reasonable doubt based on complainant's testimony alone
  2. 2 Credibility and reliability of the complainant versus accused and third‑party witnesses
  3. 3 Physical possibility of alleged acts given complainant's medical condition

Ratio Decidendi

The complainant's evidence contained pervasive, significant inconsistencies and accounts that were physically implausible given her medical condition; evidence of the accused and his wife and medical/lay testimony undermined key aspects of the Crown's case, so the prosecution did not meet the burden of proof beyond a reasonable doubt; the accused is therefore acquitted of both counts.

Court Disposition

Accused found not guilty on both counts

Orders

  • Accused, W.R.S., acquitted of Count 1 (s.271(1) sexual assault) and Count 2 (s.153(1)(a) position of trust sexual touching)
  • Publication ban in effect pursuant to Criminal Code s.486.4(1) prohibiting identification of witness I.S., applied indefinitely unless otherwise ordered