R. v. M.P.S.

R. v. M.P.S.

After weighing all evidence and assessing credibility, the trial judge accepted the testimony of S. and T. as credible and reliable on the central allegations; concluded the Crown proved beyond a reasonable doubt that the accused committed the sexual touching and partial penetration alleged against S. and the sexual touching alleged against T.; accordingly convicted the accused on counts relating to S. (1,2,3,6) and on counts relating to T. (4 and 7) and acquitted on Count 5.

Citation
2016 BCSC 1101
Parties
Prosecution: Regina; Accused: M.P.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 April 2016
Procedural Posture
Criminal Sexual Offences / Trial Judgment (reasons for Judgment)
Outcome
Convictions on Counts 1, 2, 3, 6, 4 and 7; Acquittal on Count 5
Legal Topics
Sexual Assault, Sexual Interference, Sexual Exploitation, Credibility of Witnesses, Kienapple Principle (conditional Stays), Publication Ban
Source Language
English
Criminal Law Family and Child Protection Evidence Sexual Assault Sexual Interference Sexual Exploitation Credibility of Witnesses Kienapple Principle (conditional Stays) +1 more

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Parties

Regina

Prosecution

M.P.S.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Credibility of complainants
  2. 2 Identity of assailant
  3. 3 Corroboration and frequency of alleged sexual acts

Ratio Decidendi

After weighing all evidence and assessing credibility, the trial judge accepted the testimony of S. and T. as credible and reliable on the central allegations; concluded the Crown proved beyond a reasonable doubt that the accused committed the sexual touching and partial penetration alleged against S. and the sexual touching alleged against T.; accordingly convicted the accused on counts relating to S. (1,2,3,6) and on counts relating to T. (4 and 7) and acquitted on Count 5.

Court Disposition

Convictions on Counts 1, 2, 3, 6, 4 and 7; Acquittal on Count 5

Orders

  • Publication ban pursuant to s.486.4(1) of the Criminal Code
  • Conviction entered on Counts 1, 2, 3 and 6 (relating to complainant S.)