R. v. French
The judge accepted the complainant's account and corroborating witness evidence, rejected the accused's unsubstantiated memory loss and denial, applied W.(D.) principles and authority on the reliability of vulnerable complainants, and concluded the Crown proved sexual assault beyond a reasonable doubt.
- Citation
- 2014 BCSC 2619
- Parties
- Crown: Regina; Accused: Kenneth Cyril James French
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 1 May 2014
- Procedural Posture
- Criminal Sexual Assault / Trial Judgment
- Outcome
- Accused found guilty of sexual assault
- Legal Topics
- Sexual Assault, Credibility Assessment, Vulnerable Complainant, Memory Loss Defence, W.(d.) Direction, Publication Restriction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Crown
Kenneth Cyril James French
Accused
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Legal Issues
- 1 Whether the accused committed sexual assault against M.G.
- 2 Whether the evidence of the complainant and other witnesses was reliable and credible
- 3 Whether the accused's claimed memory loss negates culpability or raises reasonable doubt
Ratio Decidendi
The judge accepted the complainant's account and corroborating witness evidence, rejected the accused's unsubstantiated memory loss and denial, applied W.(D.) principles and authority on the reliability of vulnerable complainants, and concluded the Crown proved sexual assault beyond a reasonable doubt.
Court Disposition
Accused found guilty of sexual assault
Orders
- Accused found guilty as charged
- Publication restriction pursuant to s.486.4(1) of the Criminal Code
Full Case Text
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