R. v. Palmer

R. v. Palmer

Judge accepted complainant's recorded statements and corroborating objective evidence (photos, videos, Skype logs, witness testimony) and rejected the accused's testimony as unreliable and inconsistent; on that basis and applying Criminal Code provisions and relevant case law the Crown proved beyond a reasonable doubt all elements of sexual assault and of making and possessing child pornography, leading to convictions on all counts.

Citation
2023 BCSC 453
Parties
Crown: Rex; Accused: Regis Patrick Palmer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2023
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty on all counts
Legal Topics
Sexual Assault, Child Pornography, Consent, Grooming, Credibility Assessment, Search and Seizure, Publication Ban
Source Language
English
Criminal Law Child Protection Evidence Forensic Technology Sexual Assault Child Pornography Consent Grooming +3 more

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Parties

Rex

Crown

Regis Patrick Palmer

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether Crown proved making child pornography (digital photographs)
  3. 3 Whether Crown proved possession of child pornography

Ratio Decidendi

Judge accepted complainant's recorded statements and corroborating objective evidence (photos, videos, Skype logs, witness testimony) and rejected the accused's testimony as unreliable and inconsistent; on that basis and applying Criminal Code provisions and relevant case law the Crown proved beyond a reasonable doubt all elements of sexual assault and of making and possessing child pornography, leading to convictions on all counts.

Court Disposition

Guilty on all counts

Orders

  • Convicted on Count 1: sexual assault contrary to s.271 Criminal Code
  • Convicted on Count 2: making child pornography contrary to s.163.1(1)(a)(ii) Criminal Code