R. v. Razak

R. v. Razak

The trial judge accepted the complainant's account and rejected the accused's account under the W.(D.) credibility framework; corroborative forensic, medical and circumstantial evidence (DNA, neck and genital injuries consistent with choke and force, witnesses hearing crying and demeanour, items located in park consistent with the complainant) established beyond a reasonable doubt that the accused committed sexual assault causing bodily harm, robbery, choking to enable offences, unlawful confinement and uttering threats, so the accused was convicted on all counts.

Citation
2019 BCSC 815
Parties
Crown: Regina; Accused: Ezaz Ahmed Razak; Complainant: M.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 May 2019
Procedural Posture
Criminal / Trial Reasons for Judgment
Outcome
Accused convicted on all five counts
Legal Topics
Sexual Assault, Robbery, Choking/strangulation, Unlawful Confinement, Uttering Threats, Consent, Evidence and Credibility
Source Language
English
Criminal Law Sexual Assault Robbery Choking/strangulation Unlawful Confinement Uttering Threats Consent Evidence and Credibility

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Parties

Regina

Crown

Ezaz Ahmed Razak

Accused

M.F.

Complainant

Procedural Posture

Criminal / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether the accused committed sexual assault causing bodily harm
  2. 2 Whether the accused committed robbery by taking the complainant's money with violence
  3. 3 Whether the accused attempted to choke the complainant to render her incapable of resistance to enable other offences (s.246(a))

Ratio Decidendi

The trial judge accepted the complainant's account and rejected the accused's account under the W.(D.) credibility framework; corroborative forensic, medical and circumstantial evidence (DNA, neck and genital injuries consistent with choke and force, witnesses hearing crying and demeanour, items located in park consistent with the complainant) established beyond a reasonable doubt that the accused committed sexual assault causing bodily harm, robbery, choking to enable offences, unlawful confinement and uttering threats, so the accused was convicted on all counts.

Court Disposition

Accused convicted on all five counts

Orders

  • Convicted on Count 1: sexual assault causing bodily harm (s.272)
  • Convicted on Count 2: robbery (s.343)