R. v. Johnston

R. v. Johnston

Although the judge disbelieved the accused's evidence, inconsistencies in the complainant's testimony, contradictions with CCTV and prior statements left the judge with a reasonable doubt as to whether the Crown proved the offences beyond a reasonable doubt; therefore the accused was acquitted on all counts.

Source-derived case information.

Citation
2018 BCSC 2556
Parties
Crown: Regina; Accused: Scott Allan Johnston; Complainant: Ms. N.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 July 2018
Procedural Posture
Criminal / Trial Judgment (oral Reasons for Judgment)
Outcome
Accused found not guilty on all four counts (acquitted)
Legal Topics
Sexual Assault, Unlawful Confinement, Uttering Threats, Use of Weapon, Credibility and Reliability, Standard of Proof Beyond a Reasonable Doubt, Application of W.(d.) and Lifchus
Source Language
english
Criminal Law Evidence Sexual Assault Unlawful Confinement Uttering Threats Use of Weapon Credibility and Reliability Standard of Proof Beyond a Reasonable Doubt +1 more

Source-derived case record

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Parties

Regina

Crown

Scott Allan Johnston

Accused

Ms. N.J.

Complainant

Procedural Posture

Criminal / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the accused sexually assaulted the complainant
  2. 2 Whether the accused unlawfully confined the complainant in the hotel room
  3. 3 Whether the accused knowingly uttered threats to cause death or bodily harm

Ratio Decidendi

Although the judge disbelieved the accused's evidence, inconsistencies in the complainant's testimony, contradictions with CCTV and prior statements left the judge with a reasonable doubt as to whether the Crown proved the offences beyond a reasonable doubt; therefore the accused was acquitted on all counts.

Court Disposition

Accused found not guilty on all four counts (acquitted)

Orders

  • The accused, Scott Allan Johnston, is found not guilty of the four counts on the indictment and is free to go.