R. v. M.J.B.

R. v. M.J.B.

Although parts of the complainant’s evidence were accepted, the case was essentially oath‑against‑oath with minimal extrinsic evidence to resolve the conflict; the accused’s denial combined with the totality of evidence raised a reasonable doubt, requiring acquittal on both counts.

Source-derived case information.

Citation
2015 BCSC 1187
Parties
Crown: Regina; Accused: M. J. B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 June 2015
Procedural Posture
Criminal / Trial Judgment (oral Reasons; Acquittal)
Outcome
Not guilty on Count 1 and Count 2 (acquittal)
Legal Topics
Sexual Assault, Touching of Person Under 16, Credibility Assessment, Oath‑versus‑oath, W.(d.) Directions, Publication Restriction (s.486.4(2) C.c.c.)
Source Language
english
Criminal Law Sexual Offences Evidence Sexual Assault Touching of Person Under 16 Credibility Assessment Oath‑versus‑oath W.(d.) Directions +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

M. J. B.

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons; Acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual touching and sexual assault of a person under 16
  2. 2 Assessment of competing testimony in an oath‑against‑oath case and the need for extrinsic evidence to resolve the conflict
  3. 3 Application of W.(D.) credibility directions and the effect of Browne v. Dunn principles on weight to be given to testimony

Ratio Decidendi

Although parts of the complainant’s evidence were accepted, the case was essentially oath‑against‑oath with minimal extrinsic evidence to resolve the conflict; the accused’s denial combined with the totality of evidence raised a reasonable doubt, requiring acquittal on both counts.

Court Disposition

Not guilty on Count 1 and Count 2 (acquittal)

Orders

  • Findings of not guilty on Count 1 (sexual touching of a person under 16) and Count 2 (sexual assault)
  • Restriction on publication pursuant to s.486.4(2) C.C.C.