R. v. Williams

R. v. Williams

The trial judge accepted the complainant's evidence as credible on essential facts, found inconsistencies to be honest mistakes, accepted the explanation for the long delay, rejected the defence theory of a reasonable motive to fabricate, accepted the identification evidence, and treated the Crown's failure to call Calvin Alexander as neutral; on that basis the accused was found guilty beyond a reasonable doubt.

Citation
2003 BCSC 821
Parties
Crown: Her Majesty the Queen; Accused: Clyde Keith Williams
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2003
Procedural Posture
Criminal Sexual Assault / Trial Judgment (oral Reasons)
Outcome
Accused found guilty of sexual assault
Legal Topics
Sexual Assault/rape, Complainant Credibility, Delay in Reporting, Identification, Prior Inconsistent Statements, Motive to Fabricate, Failure to Call Witnesses/corroboration
Source Language
English
Criminal Law Evidence Sexual Offences Sexual Assault/rape Complainant Credibility Delay in Reporting Identification Prior Inconsistent Statements +2 more

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 4 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Clyde Keith Williams

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the complainant's evidence is credible and reliable
  2. 2 Whether the long delay in reporting undermines the complainant's credibility
  3. 3 Whether inconsistencies and prior statements amount to unreliability

Ratio Decidendi

The trial judge accepted the complainant's evidence as credible on essential facts, found inconsistencies to be honest mistakes, accepted the explanation for the long delay, rejected the defence theory of a reasonable motive to fabricate, accepted the identification evidence, and treated the Crown's failure to call Calvin Alexander as neutral; on that basis the accused was found guilty beyond a reasonable doubt.

Court Disposition

Accused found guilty of sexual assault

Orders

  • Accused found guilty of sexual assault
  • Publication ban ordered under s.539(1)