R. v. A.R.B.

R. v. A.R.B.

The Crown failed to prove guilt beyond a reasonable doubt because the complainants' evidence was unreliable or insufficiently corroborated: inconsistencies, vagueness, delayed disclosure, potential for recovered or false memories and possible motive to fabricate created reasonable doubt as to whether the alleged sexual touching occurred; consequently both accused were acquitted and charges dismissed.

Citation
2023 BCSC 1638
Parties
Crown: Rex; Accused (mother): A.R.B.; Accused (father): B.K.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2023
Procedural Posture
Criminal Sexual Interference and Sexual Assault / Trial Judgment (acquittal)
Outcome
Charges dismissed; accused A.R.B. and B.K.S. acquitted
Legal Topics
Sexual Interference, Sexual Assault, Credibility of Child Witnesses, Party Liability, Corroboration, Recovered/false Memory
Source Language
English
Criminal Law Evidence Child Protection Sexual Interference Sexual Assault Credibility of Child Witnesses Party Liability Corroboration +1 more

Case Brief

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Parties

Rex

Crown

A.R.B.

Accused (mother)

B.K.S.

Accused (father)

Procedural Posture

Criminal Sexual Interference and Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that B.S. intentionally touched A.S. and N.S. in a sexual manner
  2. 2 Whether A.B. was a party to any offences committed by B.S.
  3. 3 Reliability and credibility of A.S. and N.S. as child complainants

Ratio Decidendi

The Crown failed to prove guilt beyond a reasonable doubt because the complainants' evidence was unreliable or insufficiently corroborated: inconsistencies, vagueness, delayed disclosure, potential for recovered or false memories and possible motive to fabricate created reasonable doubt as to whether the alleged sexual touching occurred; consequently both accused were acquitted and charges dismissed.

Court Disposition

Charges dismissed; accused A.R.B. and B.K.S. acquitted

Orders

  • Charges against A.R.B. and B.K.S. as set out in the indictment are dismissed
  • Publication ban pursuant to s.486.4(1) of the Criminal Code noted in the file header