R. v. C.G.D.

R. v. C.G.D.

The judge accepted the complainant's account on the central matters as credible despite peripheral inconsistencies attributable to her age, found the accused's denials unconvincing and undermined by his explanations and impaired recollection, and concluded the Crown proved the offences beyond a reasonable doubt; accordingly the accused was guilty on both counts.

Citation
2021 BCSC 2146
Parties
Crown: Regina; Accused: C.G.D.; Complainant: H.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2021
Procedural Posture
Criminal Sexual Assault and Sexual Touching of a Person Under 16 (ss.271 and 151 Criminal Code) / Trial Judgment (judge Alone)
Outcome
Accused found guilty on both counts (sexual assault and sexual touching of a person under 16)
Legal Topics
Sexual Assault, Sexual Touching, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Child Witness Law Sexual Assault Sexual Touching Credibility Assessment Publication Ban

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

C.G.D.

Accused

H.H.

Complainant

Procedural Posture

Criminal Sexual Assault and Sexual Touching of a Person Under 16 (ss.271 and 151 Criminal Code) / Trial Judgment (judge Alone)

Legal Issues

  1. 1 Whether the accused sexually assaulted and sexually touched H.H., a person under 16
  2. 2 Whether the Crown proved the allegations beyond a reasonable doubt
  3. 3 Assessment of competing credibility evidence of the complainant and the accused

Ratio Decidendi

The judge accepted the complainant's account on the central matters as credible despite peripheral inconsistencies attributable to her age, found the accused's denials unconvincing and undermined by his explanations and impaired recollection, and concluded the Crown proved the offences beyond a reasonable doubt; accordingly the accused was guilty on both counts.

Court Disposition

Accused found guilty on both counts (sexual assault and sexual touching of a person under 16)

Orders

  • Publication ban under s.486.4 Criminal Code restricting publication, broadcasting or transmission identifying complainant H.H.; ban applies indefinitely unless otherwise ordered
  • Conviction entered on two counts contrary to ss.271 and 151, Criminal Code