R. v. Singh

R. v. Singh

Applying the W.(D.) credibility framework the trial judge found significant inconsistencies in the complainant's evidence and credible corroboration for parts of the accused's account (notably G.S.), resulting in reasonable doubt as to whether the complainant did not consent and whether consent was vitiated; the...

Source-derived case information.

Citation
2019 BCSC 1731
Parties
Crown: Regina; Accused: Ravneet Panesar Singh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 March 2019
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Outcome
Acquitted (Not guilty on both counts)
Legal Topics
Sexual Assault, Consent, Honest But Mistaken Belief, Credibility Assessment, Consent Vitiation (force, Threat, Duress), W.(d.) Analysis
Source Language
english
Criminal Law Sexual Assault Consent Honest But Mistaken Belief Credibility Assessment Consent Vitiation (force, Threat, Duress) W.(d.) Analysis

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Parties

Regina

Crown

Ravneet Panesar Singh

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether the accused held an honest but mistaken belief in consent
  3. 3 Assessment of credibility of complainant and accused and witnesses

Ratio Decidendi

Applying the W.(D.) credibility framework the trial judge found significant inconsistencies in the complainant's evidence and credible corroboration for parts of the accused's account (notably G.S.), resulting in reasonable doubt as to whether the complainant did not consent and whether consent was vitiated; the Crown failed to prove lack of consent beyond a reasonable doubt, and the accused was therefore acquitted on both counts.

Court Disposition

Acquitted (Not guilty on both counts)

Orders

  • Accused, Ravneet Panesar Singh, is found not guilty on both counts of sexual assault contrary to s.271 of the Criminal Code