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
Summary, issues, holding and outcome
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Parties
Regina
Crown
F.J.C.
Accused
Procedural Posture
Criminal / Trial Judgment
Legal Issues
- 1 Whether the accused committed sexual interference and sexual assault against a person under 16
- 2 Whether the complainant K.C.'s evidence is credible and whether the police interview contaminated that evidence
- 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
Full Case Text
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