R. v. Casimir

R. v. Casimir

The judge accepted the contemporaneous lay testimony placing the accused kneeling between the complainant's legs with his pants down and erect penis, accepted the expert medical evidence showing an abrasion and a pool of semen with non-motile sperm consistent with intercourse within seven to nine hours, found the complainant was unconscious and under 14 and incapable of consenting, and held that, on the whole of the evidence and beyond a reasonable doubt, the accused committed sexual intercourse and intentionally touched the complainant for a sexual purpose; convictions on both counts followed, with Kienapple applied to enter a conditional stay on Count 1.

Citation
2014 BCSC 2323
Parties
Crown: Regina; Accused: Karl Xavier Casimir; Complainant: T.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2014
Procedural Posture
Criminal Sexual Offences / Trial Judgment (conviction)
Outcome
Accused found guilty on Count 1 (sexual assault) and Count 2 (sexual interference); Count 1 conditionally stayed under Kienapple pending appeal
Legal Topics
Sexual Assault, Sexual Interference, Identification Evidence, Expert Medical Evidence, Photo Line Up, Kienapple Principle, Consent, Age of Consent
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference Identification Evidence Expert Medical Evidence Photo Line Up +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Karl Xavier Casimir

Accused

T.G.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual assault on an unconscious 13-year-old
  2. 2 Whether the touching was for a sexual purpose (sexual interference)
  3. 3 Whether evidence amounted only to preparation or to a completed sexual act

Ratio Decidendi

The judge accepted the contemporaneous lay testimony placing the accused kneeling between the complainant's legs with his pants down and erect penis, accepted the expert medical evidence showing an abrasion and a pool of semen with non-motile sperm consistent with intercourse within seven to nine hours, found the complainant was unconscious and under 14 and incapable of consenting, and held that, on the whole of the evidence and beyond a reasonable doubt, the accused committed sexual intercourse and intentionally touched the complainant for a sexual purpose; convictions on both counts followed, with Kienapple applied to enter a conditional stay on Count 1.

Court Disposition

Accused found guilty on Count 1 (sexual assault) and Count 2 (sexual interference); Count 1 conditionally stayed under Kienapple pending appeal

Orders

  • Find accused guilty of sexual assault contrary to s.271 (Count 1)
  • Find accused guilty of sexual interference contrary to s.151 (Count 2)