R. v. Field

R. v. Field

The judge accepted the complainant's evidence over the accused under the W.(D.) framework, found the complainant had not given true consent because she was highly intoxicated and only relented under coercion to recover her phone, gave significant weight to the accused's letter as post‑offence conduct evidencing consciousness of guilt, and therefore convicted the accused of sexual assault under s.271(1) and acquitted him of the assault charge.

Citation
2014 BCSC 2141
Parties
Prosecution: Regina; Accused: Victor Derek Field; Complainant: P.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2014
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused found guilty of sexual assault (Count 2) and acquitted of assault (Count 1).
Legal Topics
Sexual Assault, Consent, Post‑offence Conduct, Evidence, Credibility Assessment, Voir Dire
Source Language
English
Criminal Law Sexual Assault Consent Post‑offence Conduct Evidence Credibility Assessment Voir Dire

Case Brief

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Parties

Regina

Prosecution

Victor Derek Field

Accused

P.D.

Complainant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the complainant consented to sexual activity within the meaning of the Criminal Code
  2. 2 Admissibility and weight of a letter (Exhibit 2) as post‑offence conduct indicating consciousness of guilt
  3. 3 Assessment of credibility under the R. v. W.(D.) framework

Ratio Decidendi

The judge accepted the complainant's evidence over the accused under the W.(D.) framework, found the complainant had not given true consent because she was highly intoxicated and only relented under coercion to recover her phone, gave significant weight to the accused's letter as post‑offence conduct evidencing consciousness of guilt, and therefore convicted the accused of sexual assault under s.271(1) and acquitted him of the assault charge.

Court Disposition

Accused found guilty of sexual assault (Count 2) and acquitted of assault (Count 1).

Orders

  • Conviction entered on Count 2 (sexual assault)
  • Accused acquitted on Count 1 (assault)