R. v. J.A.H.

R. v. J.A.H.

Trial judge accepted the detailed, consistent and corroborated testimony of the complainants (G.J. and N.J.) and witness S.H., rejected the accused's contrary account about opportunity and alibi, and concluded the Crown proved beyond a reasonable doubt that the accused touched the complainants for a sexual purpose contrary to s.151 of the Criminal Code; guilty verdicts on both counts followed.

Citation
2023 BCSC 1280
Parties
Crown: Rex; Accused: J.A.H.; Complainant: G.J.; Complainant: N.J.; Witness (complainants' Stepsister): S.H.; Mother/witness: R.J.; Witness (accused's Mother): M.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 June 2023
Procedural Posture
Criminal (sexual Offences) / Trial; Verdict Delivered (guilty on Both Counts)
Outcome
Accused found guilty on both counts of sexual interference (s.151 Criminal Code)
Legal Topics
Sexual Interference, Section 151 Criminal Code, Witness Credibility, W.(d.) Framework, Similar Fact/propensity Caution
Source Language
English
Criminal Law Sexual Offences Child Sexual Abuse Evidence Law Sexual Interference Section 151 Criminal Code Witness Credibility W.(d.) Framework +1 more

Case Brief

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Parties

Rex

Crown

J.A.H.

Accused

G.J.

Complainant

N.J.

Complainant

S.H.

Witness (complainants' Stepsister)

R.J.

Mother/witness

M.L.

Witness (accused's Mother)

Procedural Posture

Criminal (sexual Offences) / Trial; Verdict Delivered (guilty on Both Counts)

Legal Issues

  1. 1 Whether the accused touched complainants under 16 for a sexual purpose
  2. 2 Whether the Crown proved actus reus and mens rea beyond a reasonable doubt
  3. 3 Credibility assessment of complainants, witness S.H., and the accused

Ratio Decidendi

Trial judge accepted the detailed, consistent and corroborated testimony of the complainants (G.J. and N.J.) and witness S.H., rejected the accused's contrary account about opportunity and alibi, and concluded the Crown proved beyond a reasonable doubt that the accused touched the complainants for a sexual purpose contrary to s.151 of the Criminal Code; guilty verdicts on both counts followed.

Court Disposition

Accused found guilty on both counts of sexual interference (s.151 Criminal Code)

Orders

  • Convicted on Count 1: sexual interference of N.J. (occurring between Jan 1, 2015 and Sept 1, 2020)
  • Convicted on Count 2: sexual interference of G.J. (occurring between Jan 1, 2013 and Sept 1, 2020)