R. v. L.S.N.

R. v. L.S.N.

The judge preferred and accepted the complainant's credible and reliable evidence (including her admissible prior recorded statement), rejected the accused's bare denial and unconvincing intoxication defence, and found beyond a reasonable doubt that the accused intentionally and non‑consensually touched the complainant's breasts and vagina in a sexual manner; intoxication did not negate mens rea, warranting convictions on s.271 and s.151.

Citation
2018 BCSC 2538
Parties
Crown: Regina; Accused: L.S.N.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 September 2018
Procedural Posture
Criminal Indictable Sexual Offences / Trial Judgment (conviction)
Outcome
Convicted of sexual assault (s.271) and sexual interference (s.151)
Legal Topics
Sexual Assault, Sexual Interference, Child Witness Testimony, Admissibility of Prior Recorded Statement, CCTV Testimony, Intoxication and Mens Rea, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference Child Witness Testimony Admissibility of Prior Recorded Statement CCTV Testimony +2 more

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Parties

Regina

Crown

L.S.N.

Accused

Procedural Posture

Criminal Indictable Sexual Offences / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271
  2. 2 Whether the accused committed sexual interference contrary to s.151
  3. 3 Credibility and reliability of the child complainant and admissibility of her prior recorded statement under s.715.1

Ratio Decidendi

The judge preferred and accepted the complainant's credible and reliable evidence (including her admissible prior recorded statement), rejected the accused's bare denial and unconvincing intoxication defence, and found beyond a reasonable doubt that the accused intentionally and non‑consensually touched the complainant's breasts and vagina in a sexual manner; intoxication did not negate mens rea, warranting convictions on s.271 and s.151.

Court Disposition

Convicted of sexual assault (s.271) and sexual interference (s.151)

Orders

  • Accused convicted on Count 1: sexual assault contrary to s.271 of the Criminal Code
  • Accused convicted on Count 2: sexual interference contrary to s.151 of the Criminal Code