R. v. Bordbar

R. v. Bordbar

The Crown failed to prove the elements of the offences beyond a reasonable doubt: on Count 4 the accused's honest, plausible denial and explanation raised reasonable doubt about the alleged sexual touching; on Counts 10 and 11 S.C.'s delayed and inconsistent account, demonstrable observational errors, and evidence (missing trigger group and single round consistent with intimidation) undermined proof of specific intent to kill, requiring acquittal on those counts.

Citation
2017 BCSC 1231
Parties
Crown: Regina; Accused: Vahidreza Bordbar
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2017
Procedural Posture
Criminal Indictment / Trial Following Guilty Pleas to 17 Counts; Trial on Counts 4, 10 and 11; Judgment Entered
Outcome
Not guilty on Counts 4, 10 and 11; convictions remain on 17 other counts to which the accused pleaded guilty; sentencing to be conducted on those counts.
Legal Topics
Sexual Assault, Attempted Murder, Robbery, Intent, Credibility Assessment, Circumstantial Evidence
Source Language
English
Criminal Law Evidence Sexual Assault Attempted Murder Robbery Intent Credibility Assessment Circumstantial Evidence

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Parties

Regina

Crown

Vahidreza Bordbar

Accused

Procedural Posture

Criminal Indictment / Trial Following Guilty Pleas to 17 Counts; Trial on Counts 4, 10 and 11; Judgment Entered

Legal Issues

  1. 1 Whether the accused sexually assaulted A.C. during the robbery (Count 4)
  2. 2 Whether the accused had specific intent to kill A.C. when he attended her residence with a rifle (Count 10)
  3. 3 Whether the accused had specific intent to kill S.C. when he pointed a rifle at him (Count 11)

Ratio Decidendi

The Crown failed to prove the elements of the offences beyond a reasonable doubt: on Count 4 the accused's honest, plausible denial and explanation raised reasonable doubt about the alleged sexual touching; on Counts 10 and 11 S.C.'s delayed and inconsistent account, demonstrable observational errors, and evidence (missing trigger group and single round consistent with intimidation) undermined proof of specific intent to kill, requiring acquittal on those counts.

Court Disposition

Not guilty on Counts 4, 10 and 11; convictions remain on 17 other counts to which the accused pleaded guilty; sentencing to be conducted on those counts.

Orders

  • Acquittal entered on Counts 4, 10 and 11
  • Proceed to sentencing on the 17 counts to which the accused pleaded guilty