R. v. J.D.B.

R. v. J.D.B.

The Crown failed to prove guilt beyond a reasonable doubt because the principal evidence—the child's out-of-court videotaped statement—had significant reliability concerns when viewed with all evidence, the medical findings were non-diagnostic and inconsistent over time, and consideration of the accused's testimony and timing/opportunity raised reasonable doubt; accordingly the accused was acquitted on both counts.

Citation
2016 BCSC 116
Parties
Crown/prosecution: Regina (Crown); Accused/defendant: J.D.B.; Complainant: S.L.; Witness/custodian: W.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 January 2016
Procedural Posture
Criminal Sexual Offences Involving a Child / Trial Judgment (acquittal)
Outcome
Accused acquitted on both counts
Legal Topics
Sexual Assault, Touching a Person Under 16, Out of Court Child Statement, Publication Ban, Expert Medical Evidence, Credibility Assessment, W.(d.) Instruction, Necessity and Reliability Hearsay
Source Language
English
Criminal Law Sexual Offences Child Protection Evidence Law Sexual Assault Touching a Person Under 16 Out of Court Child Statement Publication Ban +4 more

Case Brief

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Parties

Regina (Crown)

Crown/prosecution

J.D.B.

Accused/defendant

S.L.

Complainant

W.L.

Witness/custodian

Procedural Posture

Criminal Sexual Offences Involving a Child / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual touching of the complainant
  2. 2 Whether the out-of-court videotaped statement of the young child was sufficiently reliable to support a conviction
  3. 3 The evidentiary weight to be accorded to non-diagnostic medical findings of genital inflammation

Ratio Decidendi

The Crown failed to prove guilt beyond a reasonable doubt because the principal evidence—the child's out-of-court videotaped statement—had significant reliability concerns when viewed with all evidence, the medical findings were non-diagnostic and inconsistent over time, and consideration of the accused's testimony and timing/opportunity raised reasonable doubt; accordingly the accused was acquitted on both counts.

Court Disposition

Accused acquitted on both counts

Orders

  • Acquittal entered on both counts in the indictment
  • Publication ban pursuant to s.486.4(1) of the Criminal Code prohibiting publication or identification of the complainant