R. v. T.W.S.

R. v. T.W.S.

The trial judge accepted the complainant's testimony as credible on the two core incidents (living room and island), explained the minor inconsistencies by reference to her age and maturity, rejected the defence version as unreliable and possibly collusive, and concluded the Crown proved the essential elements beyond a reasonable doubt; conviction entered on Count 2 and a stay entered on Count 1.

Citation
2015 BCSC 2632
Parties
Crown: Regina; Accused: T. W. S.; Complainant: A.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2015
Procedural Posture
Criminal Sexual Offences / Trial Judgment: Conviction Entered on One Count and Stay Entered on Another
Outcome
Accused found guilty on Count 2 (sexual assault); stay of proceedings entered on Count 1 (sexual interference).
Legal Topics
Sexual Interference, Sexual Assault, Credibility of Child Witnesses, W.(d.) Analysis, Publication Ban
Source Language
English
Criminal Law Sexual Offences Child Protection Evidence Sexual Interference Sexual Assault Credibility of Child Witnesses W.(d.) Analysis +1 more

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Parties

Regina

Crown

T. W. S.

Accused

A.S.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment: Conviction Entered on One Count and Stay Entered on Another

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed the alleged sexual offences
  2. 2 Assessment of competing credibility between the accused and the complainant
  3. 3 Significance of inconsistencies in the complainant's testimony given her age

Ratio Decidendi

The trial judge accepted the complainant's testimony as credible on the two core incidents (living room and island), explained the minor inconsistencies by reference to her age and maturity, rejected the defence version as unreliable and possibly collusive, and concluded the Crown proved the essential elements beyond a reasonable doubt; conviction entered on Count 2 and a stay entered on Count 1.

Court Disposition

Accused found guilty on Count 2 (sexual assault); stay of proceedings entered on Count 1 (sexual interference).

Orders

  • Stay of proceedings entered on Count 1 (sexual interference)
  • Conviction recorded on Count 2 (sexual assault)