R. v. Chen

R. v. Chen

Judge accepted complainant's evidence as credible on touching under her pants but concluded that, viewed as a whole and given unresolved inconsistencies and defence evidence, the Crown did not prove the offences beyond a reasonable doubt; reasonable doubt resulted in acquittal on both counts.

Citation
2022 BCSC 2350
Parties
Crown: Rex; Accused: Shaozhai Chen; Complainant: J.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 December 2022
Procedural Posture
Criminal Child Sexual Offences / Trial Judgment (acquittal)
Outcome
Not guilty on both counts
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Child Witness Evidence, Credibility Assessment
Source Language
English
Criminal Law Evidence Child Protection Sexual Interference Invitation to Sexual Touching Child Witness Evidence Credibility Assessment

Case Brief

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Parties

Rex

Crown

Shaozhai Chen

Accused

J.M.

Complainant

Procedural Posture

Criminal Child Sexual Offences / Trial Judgment (acquittal)

Legal Issues

  1. 1 Did the accused touch the complainant under her pants for a sexual purpose (s.151)?
  2. 2 Did the accused invite the complainant to touch his penis for a sexual purpose (s.152)?
  3. 3 Whether the prosecution proved the offences beyond a reasonable doubt given conflicting testimony and credibility issues

Ratio Decidendi

Judge accepted complainant's evidence as credible on touching under her pants but concluded that, viewed as a whole and given unresolved inconsistencies and defence evidence, the Crown did not prove the offences beyond a reasonable doubt; reasonable doubt resulted in acquittal on both counts.

Court Disposition

Not guilty on both counts

Orders

  • Accused Shaozhai Chen acquitted on count 1 (touching a child for a sexual purpose) and count 2 (inviting a child to touch him for a sexual purpose)
  • Publication ban imposed under Criminal Code s.486.4 prohibiting publication identifying the complainant J.M.