R. v. Lee

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

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Parties

Regina

Crown

Allen Harry Lee

Accused

K.C.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (guilty)

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Credibility assessment of complainant versus accused
  3. 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