R. v. Wright

R. v. Wright

The judge accepted the complainant's central account as credible and reliable despite peripheral inconsistencies and lack of medical corroboration; the evidence established beyond a reasonable doubt that the accused intentionally applied sexual force (including insertion of fist) without consent and choked the complainant to render her unconscious to facilitate further sexual assault, satisfying the elements of sexual assault and s.246(a).

Citation
2016 BCSC 2073
Parties
Crown: Regina; Accused: Blake Randall Wright; Complainant: T.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 July 2016
Procedural Posture
Criminal Sexual Offences / Trial Judgment (guilty)
Outcome
Found guilty on both counts
Legal Topics
Sexual Assault, Overcoming Resistance by Choking, Credibility and Reliability of Complainant, Consent
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Overcoming Resistance by Choking Credibility and Reliability of Complainant Consent

Case Brief

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Parties

Regina

Crown

Blake Randall Wright

Accused

T.D.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (guilty)

Legal Issues

  1. 1 Whether the complainant's evidence is credible and reliable such that the Crown has proven sexual assault beyond a reasonable doubt
  2. 2 Whether the accused choked the complainant with intent to render her incapable of resistance to facilitate sexual assault (s.246(a))
  3. 3 Assessment of inconsistencies and medical records in evaluating complainant's testimony

Ratio Decidendi

The judge accepted the complainant's central account as credible and reliable despite peripheral inconsistencies and lack of medical corroboration; the evidence established beyond a reasonable doubt that the accused intentionally applied sexual force (including insertion of fist) without consent and choked the complainant to render her unconscious to facilitate further sexual assault, satisfying the elements of sexual assault and s.246(a).

Court Disposition

Found guilty on both counts

Orders

  • Accused found guilty on counts of sexual assault and overcoming resistance to sexual assault by choking (s.265/271 and s.246(a) Criminal Code)