R. v. S.J.A.

R. v. S.J.A.

The trial judge found the complainant, her brother and her mother not credible or reliable due to multiple and some significant inconsistencies between their trial testimony, prior police statements and preliminary hearing evidence, and contradictory testimony among them; because the Crown's case depended solely on the complainant's unaccepted account and no reliable corroboration was established, the Crown failed to prove the offences beyond a reasonable doubt and the accused was acquitted.

Citation
2025 BCSC 2285
Parties
Crown: Rex; Accused: S.J.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 September 2025
Procedural Posture
Criminal / Trial Judgment (verdict)
Outcome
Accused acquitted (found not guilty on both counts)
Legal Topics
Sexual Assault, Sexual Interference (person Under 14), Consent, Credibility and Reliability, Delay in Reporting, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference (person Under 14) Consent Credibility and Reliability Delay in Reporting +1 more

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Parties

Rex

Crown

S.J.A.

Accused

Procedural Posture

Criminal / Trial Judgment (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 in May 2003
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual touching/sexual interference contrary to s.151 of the Criminal Code in May 2003
  3. 3 Whether the complainant, her brother and her mother were credible and reliable witnesses such that their evidence could ground a conviction

Ratio Decidendi

The trial judge found the complainant, her brother and her mother not credible or reliable due to multiple and some significant inconsistencies between their trial testimony, prior police statements and preliminary hearing evidence, and contradictory testimony among them; because the Crown's case depended solely on the complainant's unaccepted account and no reliable corroboration was established, the Crown failed to prove the offences beyond a reasonable doubt and the accused was acquitted.

Court Disposition

Accused acquitted (found not guilty on both counts)

Orders

  • Acquittal: accused found not guilty of sexual assault contrary to s.271 and sexual touching of a person under 14 contrary to s.151
  • Publication ban imposed under s.486.4 of the Criminal Code restricting publication, broadcasting or transmission in any way of evidence that could identify the complainants or witnesses (applies indefinitely unless otherwise ordered)