R. v. Greif

The trial judge rejected the accused's account as unworkable and accepted the complainant's evidence as credible and reliable on the core facts; on that accepted evidence the elements of sexual assault under s.271 were established beyond a reasonable doubt (non-consensual sexual touching, sexual nature, and the accused's intent/knowledge), leading to conviction.

Citation: 2019 BCSC 288
Parties: Crown: Regina; Accused: Kevin Jeremy Greif
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 5 March 2019
Procedural Posture: Criminal Sexual Assault / Trial Judgment (conviction)
Outcome: Accused convicted of sexual assault contrary to s.271 of the Criminal Code
Legal Topics: Sexual Assault, Credibility Assessment, Publication Ban, Corroboration/dna
Source Language: English

Criminal Law Sexual Offences Sexual Assault Credibility Assessment Publication Ban Corroboration/dna

Case Brief

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Full judgment text Legal principles 7 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Regina

Crown

Kevin Jeremy Greif

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

1 Whether the accused committed sexual assault under s.271 of the Criminal Code
2 Credibility and reliability of the complainant and the accused
3 Significance of inconsistencies and absence of forensic corroboration

Ratio Decidendi

Court Disposition

Accused convicted of sexual assault contrary to s.271 of the Criminal Code

Orders

Convicted on Count 1: sexual assault of complainant K. M. pursuant to s.271 Criminal Code
Mandatory publication ban under s.486.4 Criminal Code restricting publication that could identify the complainant or witness, applied indefinitely unless otherwise ordered