R. v. Vanjoff

R. v. Vanjoff

The accused's evidence was disbelieved as inconsistent with objective material (repeated protection orders, poor recollection, implausible explanations); the complainant's account was found credible and sufficiently reliable on material facts and corroborated by medical evidence and witness J.M.; applying W.(D.) the...

Source-derived case information.

Citation
2019 BCSC 2464
Parties
Crown: Regina; Accused: Justin Stephen Vanjoff; Complainant: C.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2019
Procedural Posture
Criminal Sexual Assault / Trial Oral Reasons for Judgment (verdict)
Outcome
Convicted of sexual assault and breach of court order
Legal Topics
Sexual Assault, Breach of Court Order, Credibility Assessment, Section 276 Sexual History Restrictions, W.(d.) Evidentiary Framework
Source Language
english
Criminal Law Evidence Family Law Sexual Assault Breach of Court Order Credibility Assessment Section 276 Sexual History Restrictions W.(d.) Evidentiary Framework

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Parties

Regina

Crown

Justin Stephen Vanjoff

Accused

C.E.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Oral Reasons for Judgment (verdict)

Legal Issues

  1. 1 Whether the accused sexually assaulted the complainant on April 6, 2018
  2. 2 Whether the accused's evidence was credible and whether it raised a reasonable doubt under the W.(D.) test
  3. 3 Admissibility and scope of sexual history evidence under s.276 and R. v. R.V.

Ratio Decidendi

The accused's evidence was disbelieved as inconsistent with objective material (repeated protection orders, poor recollection, implausible explanations); the complainant's account was found credible and sufficiently reliable on material facts and corroborated by medical evidence and witness J.M.; applying W.(D.) the Crown proved sexual assault beyond a reasonable doubt, so the accused is guilty.

Court Disposition

Convicted of sexual assault and breach of court order

Orders

  • Guilty of sexual assault contrary to s.271 of the Criminal Code
  • Guilty of breaching a court order contrary to s.127(1) of the Criminal Code