R. v. Thomas

R. v. Thomas

Judge accepted that, notwithstanding inconsistencies and intoxication, the complainants' accounts had a common core and a ring of truth; accused's evidence and police‑statement fabrications undermined his credibility and temporal alibis; Crown proved beyond a reasonable doubt the elements of the sexual offences...

Source-derived case information.

Citation
2016 BCSC 1888
Parties
Crown: Regina; Accused: Kevin Craig Thomas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2016
Procedural Posture
Criminal / Trial Judgment (oral Reasons)
Outcome
Accused convicted on Counts 1,2,3,4,7,8,9,11,12,13; acquitted/dismissed on Counts 5,6,10,14; oral reasons delivered and convictions entered.
Legal Topics
Sexual Assault, Sexual Touching, Unlawful Confinement, Uttering Threats, Possession of Firearm (imitation), Possession of Controlled Substance, Credibility Assessment (w.(d.))
Source Language
english
Criminal Law Sexual Offences Child Protection Controlled Substances Evidence Sexual Assault Sexual Touching Unlawful Confinement +4 more

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Parties

Regina

Crown

Kevin Craig Thomas

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether accused committed sexual offences against persons under 16
  2. 2 Whether evidence of sexual touching and intercourse proved beyond reasonable doubt despite witness intoxication
  3. 3 Credibility of accused vs complainants under R. v. W.(D.)

Ratio Decidendi

Judge accepted that, notwithstanding inconsistencies and intoxication, the complainants' accounts had a common core and a ring of truth; accused's evidence and police‑statement fabrications undermined his credibility and temporal alibis; Crown proved beyond a reasonable doubt the elements of the sexual offences involving minors (Counts 1,2,3,4,7,8,9), the uttered threats (Counts 11 and 12) and unlawful possession of an imitation firearm (Count 13); confinement (Count 10) and possession of methamphetamine (Count 14) were not proven beyond a reasonable doubt and were dismissed.

Court Disposition

Accused convicted on Counts 1,2,3,4,7,8,9,11,12,13; acquitted/dismissed on Counts 5,6,10,14; oral reasons delivered and convictions entered.

Orders

  • Convicted on Counts 1, 2, 3, 4, 7, 8, 9, 11, 12 and 13 as set out in judgment
  • Counts 5, 6, 10 and 14 dismissed/not proven beyond a reasonable doubt