R. v. Smith

R. v. Smith

The accused's account that the extensive, intimate massage of a 15-year-old was therapeutic was wholly implausible; the Crown proved beyond a reasonable doubt that the touching was for the accused's sexual gratification. The complainant's evidence was accepted as credible and reliable; the accused was therefore guilty of sexual interference contrary to s.151.

Citation
2021 BCSC 2345
Parties
Crown: Regina; Accused: Grant Wilson Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 October 2021
Procedural Posture
Criminal Sexual Interference (s.151 Criminal Code) / Trial Judgment (conviction)
Outcome
Guilty of sexual interference contrary to s.151 of the Criminal Code
Legal Topics
Sexual Interference, Credibility Assessment, Proof Beyond Reasonable Doubt, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Interference Credibility Assessment Proof Beyond Reasonable Doubt Publication Ban

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Parties

Regina

Crown

Grant Wilson Smith

Accused

Procedural Posture

Criminal Sexual Interference (s.151 Criminal Code) / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the touching was for a sexual purpose under s.151 of the Criminal Code
  2. 2 Credibility of the complainant and the accused
  3. 3 Application of the W.(D.) framework and proof beyond a reasonable doubt

Ratio Decidendi

The accused's account that the extensive, intimate massage of a 15-year-old was therapeutic was wholly implausible; the Crown proved beyond a reasonable doubt that the touching was for the accused's sexual gratification. The complainant's evidence was accepted as credible and reliable; the accused was therefore guilty of sexual interference contrary to s.151.

Court Disposition

Guilty of sexual interference contrary to s.151 of the Criminal Code

Orders

  • Convicted of sexual interference contrary to s.151 of the Criminal Code
  • Publication ban imposed under s.486.4 of the Criminal Code restricting identification of the complainant, applied indefinitely