R. v. F.J.C.

R. v. F.J.C.

The judge accepted K.C.'s testimony as credible and not irretrievably contaminated by police suggestion, found the accused's denials unconvincing and not sufficient to raise a reasonable doubt, and therefore convicted on the primary count while staying the duplicative second count.

Citation
2018 BCSC 1443
Parties
Crown: Regina; Accused: F.J.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 August 2018
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty on count one; conditional stay on count two as duplicative
Legal Topics
Sexual Interference, Sexual Assault, Credibility Assessment, Police Interview Techniques, Publication Ban
Source Language
English

Case Brief

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Parties

Regina

Crown

F.J.C.

Accused

Procedural Posture

Criminal / Trial Judgment

  1. 1 Whether the accused committed sexual interference and sexual assault against a person under 16
  2. 2 Whether the complainant K.C.'s evidence is credible and whether the police interview contaminated that evidence
  3. 3 Whether the accused's denial raises a reasonable doubt

Ratio Decidendi

The judge accepted K.C.'s testimony as credible and not irretrievably contaminated by police suggestion, found the accused's denials unconvincing and not sufficient to raise a reasonable doubt, and therefore convicted on the primary count while staying the duplicative second count.

Court Disposition

Guilty on count one; conditional stay on count two as duplicative

Orders

  • Finds accused guilty on count one
  • Orders a conditional stay on count two as duplicative