R. v. Gerrard

R. v. Gerrard

The court accepted J.I.'s evidence regarding the bedroom incident as credible and reliable and found beyond a reasonable doubt that the accused intentionally touched her for a sexual purpose, supporting a conviction on Count 1; by contrast the evidence concerning S.C. (truck and bedroom incidents) was too vague, inconsistent and affected by age/memory uncertainty so that reasonable doubt remained, requiring acquittal on Count 2.

Citation
2020 BCSC 1833
Parties
Crown: Regina; Accused: Robert Matthew Gerrard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 November 2020
Procedural Posture
Criminal Sexual Interference / Trial Judgment (verdict)
Outcome
Count 1: Guilty; Count 2: Not guilty
Legal Topics
Sexual Interference, Credibility Assessment, Reasonable Doubt, Delayed Disclosure, Joinder of Offences, Similar Fact Evidence
Source Language
English
Criminal Law Evidence Sexual Offences Sexual Interference Credibility Assessment Reasonable Doubt Delayed Disclosure Joinder of Offences +1 more

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Parties

Regina

Crown

Robert Matthew Gerrard

Accused

Procedural Posture

Criminal Sexual Interference / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the accused committed sexual interference against J.I.
  2. 2 Whether the accused committed sexual interference against S.C.
  3. 3 Whether the Crown met its burden of proof beyond a reasonable doubt on each count

Ratio Decidendi

The court accepted J.I.'s evidence regarding the bedroom incident as credible and reliable and found beyond a reasonable doubt that the accused intentionally touched her for a sexual purpose, supporting a conviction on Count 1; by contrast the evidence concerning S.C. (truck and bedroom incidents) was too vague, inconsistent and affected by age/memory uncertainty so that reasonable doubt remained, requiring acquittal on Count 2.

Court Disposition

Count 1: Guilty; Count 2: Not guilty

Orders

  • Accused found guilty on Count 1 (sexual interference of J.I.)
  • Accused found not guilty on Count 2 (sexual interference of S.C.)