R. v. O.R.R.

R. v. O.R.R.

The judge accepted the complainant's account as largely credible and rejected the accused's account as implausible in light of the evidence of the complainant's exhaustion, injuries and contemporaneous texts; applying W.(D.) the accused's evidence did not raise a reasonable doubt and, on the accepted evidence, the...

Source-derived case information.

Citation
2023 BCSC 1683
Parties
Crown: His Majesty the King in Right of British Columbia; Accused: O.R.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 August 2023
Procedural Posture
Criminal Sexual Assault / Trial (guilty Verdict)
Outcome
Guilty on Count 1 (sexual assault contrary to s.271 of the Criminal Code)
Legal Topics
Sexual Assault, Consent, Reasonable Doubt, Credibility Assessment, Admissibility of Private Records, Publication Ban
Source Language
english
Criminal Law Sexual Assault Consent Reasonable Doubt Credibility Assessment Admissibility of Private Records Publication Ban

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Summary, issues, holding and outcome

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Parties

His Majesty the King in Right of British Columbia

Crown

O.R.R.

Accused

Procedural Posture

Criminal Sexual Assault / Trial (guilty Verdict)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual assault contrary to s.271 of the Criminal Code
  2. 2 Whether the complainant consented to the sexual activity
  3. 3 Whether the accused's evidence, under the W.(D.) framework, raised a reasonable doubt

Ratio Decidendi

The judge accepted the complainant's account as largely credible and rejected the accused's account as implausible in light of the evidence of the complainant's exhaustion, injuries and contemporaneous texts; applying W.(D.) the accused's evidence did not raise a reasonable doubt and, on the accepted evidence, the actus reus and mens rea of sexual assault under s.271 were proved beyond a reasonable doubt.

Court Disposition

Guilty on Count 1 (sexual assault contrary to s.271 of the Criminal Code)

Orders

  • Accused found guilty of Count 1 (sexual assault contrary to s.271)
  • Matter adjourned to fix date list on September 11, 2023 for sentencing