R. v. Huson

R. v. Huson

The Crown failed to discharge its burden beyond a reasonable doubt because material inconsistencies and implausibilities in the complainants' accounts, and the credible, consistent evidence of the accused, left the court unable to be sure whom to believe; therefore the accused was acquitted on all counts.

Citation
2021 BCSC 1549
Parties
Crown: Regina; Accused: Frederick Walter Huson; Complainant: C1; Complainant: C2
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 June 2021
Procedural Posture
Criminal Sexual Offences / Trial Judgment (acquittal)
Outcome
Acquitted on all counts
Legal Topics
Sexual Assault, Sexual Interference, Credibility Assessment, Presumption of Innocence, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference Credibility Assessment Presumption of Innocence Publication Ban

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Parties

Regina

Crown

Frederick Walter Huson

Accused

C1

Complainant

C2

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved sexual assault and sexual interference beyond a reasonable doubt
  2. 2 Assessment of credibility of complainants versus accused
  3. 3 Application of W.(D.) and related credibility principles

Ratio Decidendi

The Crown failed to discharge its burden beyond a reasonable doubt because material inconsistencies and implausibilities in the complainants' accounts, and the credible, consistent evidence of the accused, left the court unable to be sure whom to believe; therefore the accused was acquitted on all counts.

Court Disposition

Acquitted on all counts

Orders

  • Accused acquitted of all charges
  • Publication ban imposed under s.486.4 of the Criminal Code restricting publication of evidence that could identify C1,C2,A1,A2,I1 and I2