R. v. S.K.

R. v. S.K.

The accused was convicted as a party to numerous sexual assaults because the Crown proved she knew of ongoing abuse, took no steps to protect her child, and that omission aided and encouraged the perpetrator; however the Crown failed to prove the requisite permanent endangerment to health under s.215(2)(a), so the failure‑to‑provide necessaries charge was not proven.

Citation
2017 BCSC 366
Parties
Crown: Regina; Accused: S.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2017
Procedural Posture
Criminal / Trial Oral Reasons for Judgment (conviction/acquittal)
Outcome
Convicted as party to numerous sexual assaults; acquitted on charge of failing to provide necessaries.
Legal Topics
Sexual Assault, Failure to Provide Necessaries, Accessorial Liability, Publication Ban
Source Language
English
Criminal Law Child Protection Sexual Assault Failure to Provide Necessaries Accessorial Liability Publication Ban

Case Brief

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Parties

Regina

Crown

S.K.

Accused

Procedural Posture

Criminal / Trial Oral Reasons for Judgment (conviction/acquittal)

Legal Issues

  1. 1 Whether the accused was a party to ongoing sexual assaults on her child by omission
  2. 2 Whether the Crown proved failure to provide necessaries under s.215(2)(a) (permanent endangerment to health)
  3. 3 Reliability and sufficiency of accomplice (K.C.) evidence and corroboration

Ratio Decidendi

The accused was convicted as a party to numerous sexual assaults because the Crown proved she knew of ongoing abuse, took no steps to protect her child, and that omission aided and encouraged the perpetrator; however the Crown failed to prove the requisite permanent endangerment to health under s.215(2)(a), so the failure‑to‑provide necessaries charge was not proven.

Court Disposition

Convicted as party to numerous sexual assaults; acquitted on charge of failing to provide necessaries.

Orders

  • Conviction entered: accused guilty as a party to sexual assaults of M.D. for period alleged in indictment.
  • Acquittal entered on count alleging failure to provide necessaries (s.215(2)(a)).