R. v. Curtis

R. v. Curtis

Although the trial judge found the complainant generally credible, inconsistencies in her account combined with the absence of corroborative or independent supporting evidence and the inability to fully reject the accused's denials left a reasonable doubt as to the accused's guilt on all three counts; therefore the accused must be acquitted.

Citation
2021 BCSC 2259
Parties
Prosecution: Regina; Accused: Ross William Curtis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 November 2021
Procedural Posture
Criminal / Trial — Judgment
Outcome
Not guilty on all counts (Counts 1–3)
Legal Topics
Sexual Assault, Sexual Touching, Invitation to Sexual Touching, Credibility, Reliability, Reasonable Doubt, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Touching Invitation to Sexual Touching Credibility Reliability +2 more

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Parties

Regina

Prosecution

Ross William Curtis

Accused

Procedural Posture

Criminal / Trial — Judgment

Legal Issues

  1. 1 Whether the Crown proved the accused's guilt beyond a reasonable doubt on Counts 1–3
  2. 2 Assessment of credibility and reliability of the complainant and the accused
  3. 3 Role of corroboration in sexual offence prosecutions and application of s.274 Criminal Code

Ratio Decidendi

Although the trial judge found the complainant generally credible, inconsistencies in her account combined with the absence of corroborative or independent supporting evidence and the inability to fully reject the accused's denials left a reasonable doubt as to the accused's guilt on all three counts; therefore the accused must be acquitted.

Court Disposition

Not guilty on all counts (Counts 1–3)

Orders

  • Counts 1–3: Acquittal (not guilty)
  • Publication ban under s.486.4 Criminal Code restricting publication of evidence that could identify the complainant or witnesses, imposed indefinitely