R. v. Lee
The judge rejected the accused's evidence as inherently inconsistent, implausible and strategically tailored, found the complainant credible and reliable, applied W.(D.) principles and concluded that the complainant's accepted evidence alone proved each element of sexual assault beyond a reasonable doubt, warranting a conviction.
- Citation
- 2018 BCSC 2338
- Parties
- Crown: Regina; Accused: Allen Harry Lee; Complainant: K.C.
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2018
- Procedural Posture
- Criminal Sexual Assault / Trial Judgment (guilty)
- Outcome
- Guilty of sexual assault
- Legal Topics
- Sexual Assault, Credibility Assessment, W.(d.) Framework, Publication Ban
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Crown
Allen Harry Lee
Accused
K.C.
Complainant
Procedural Posture
Criminal Sexual Assault / Trial Judgment (guilty)
Legal Issues
- 1 Whether the Crown proved sexual assault beyond a reasonable doubt
- 2 Credibility assessment of complainant versus accused
- 3 Application of R. v. W.(D.) framework in a single‑witness credibility contest
Ratio Decidendi
The judge rejected the accused's evidence as inherently inconsistent, implausible and strategically tailored, found the complainant credible and reliable, applied W.(D.) principles and concluded that the complainant's accepted evidence alone proved each element of sexual assault beyond a reasonable doubt, warranting a conviction.
Court Disposition
Guilty of sexual assault
Orders
- Found guilty of sexual assault as charged
- Publication ban imposed under ss. 486.4(2) and 486.4(2.2) of the Criminal Code restricting publication, broadcasting or transmission of evidence identifying the complainant under 18; ban applies indefinitely unless otherwise ordered
Full Case Text
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