R. v. G.A.R.

R. v. G.A.R.

The court acquitted because documentary evidence and witness testimony materially contradicted J.B.'s essential framework for Count 1 creating reasonable doubt, and because J.M.'s testimony was inconsistent, evolving, partially baseless and unreliable such that the Crown did not prove Count 2 beyond a reasonable doubt; emails and apology letters were not admissions of criminal conduct.

Citation
2022 BCSC 1203
Parties
Crown: Regina; Accused: G.A.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 June 2022
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused found not guilty on both counts
Legal Topics
Sexual Assault, Indecent Assault, Credibility Assessment, W.(d.) Analysis, Publication Ban
Source Language
English
Criminal Law Evidence Family Law (context) Sexual Assault Indecent Assault Credibility Assessment W.(d.) Analysis Publication Ban

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Parties

Regina

Crown

G.A.R.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused raped J.B. (Count 1)
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused indecently assaulted J.M. (Count 2)
  3. 3 Whether the complainants' evidence and corroborative material are sufficiently credible and reliable to ground convictions

Ratio Decidendi

The court acquitted because documentary evidence and witness testimony materially contradicted J.B.'s essential framework for Count 1 creating reasonable doubt, and because J.M.'s testimony was inconsistent, evolving, partially baseless and unreliable such that the Crown did not prove Count 2 beyond a reasonable doubt; emails and apology letters were not admissions of criminal conduct.

Court Disposition

Accused found not guilty on both counts

Orders

  • Accused acquitted on Count 1 (rape) and Count 2 (indecent assault)
  • Publication ban imposed under Criminal Code s.486.4(2)(b) restricting identification of complainant and witnesses; ban was imposed indefinitely subject to further order and expired August 23, 2022