R. v. T.J.B.

R. v. T.J.B.

The trial judge accepted the complainant's evidence as credible overall, rejected the accused's testimony under R. v. W. (D.) as not raising a reasonable doubt, and convicted because the totality of evidence including grooming behaviour, opportunity, corroboration by parents and school, and the complainant's detailed account proved sexual touching, invitation to sexual touching and sexual assault beyond a reasonable doubt.

Citation
2014 BCSC 2571
Parties
Crown: Regina; Accused: T.J.B.; Complainant: S.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 November 2014
Procedural Posture
Criminal Sexual Offences Involving a Child / Trial Judgment Conviction
Outcome
Accused convicted of touching a person under 16 for a sexual purpose (s.151), invitation to sexual touching (s.152) and sexual assault (s.271)
Legal Topics
Sexual Touching, Invitation to Sexual Touching, Sexual Assault, Grooming, Child Witness Credibility, Application of R. V. W. (d.), Publication Restriction
Source Language
English
Criminal Law Sexual Offences Evidence Child Protection Sexual Touching Invitation to Sexual Touching Sexual Assault Grooming +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Regina

Crown

T.J.B.

Accused

S.S.

Complainant

Procedural Posture

Criminal Sexual Offences Involving a Child / Trial Judgment Conviction

Legal Issues

  1. 1 Whether the accused touched a person under 16 for a sexual purpose (s.151 CCC)
  2. 2 Whether the accused invited a person under 16 to touch him for a sexual purpose (s.152 CCC)
  3. 3 Whether the accused committed sexual assault (s.271 CCC)

Ratio Decidendi

The trial judge accepted the complainant's evidence as credible overall, rejected the accused's testimony under R. v. W. (D.) as not raising a reasonable doubt, and convicted because the totality of evidence including grooming behaviour, opportunity, corroboration by parents and school, and the complainant's detailed account proved sexual touching, invitation to sexual touching and sexual assault beyond a reasonable doubt.

Court Disposition

Accused convicted of touching a person under 16 for a sexual purpose (s.151), invitation to sexual touching (s.152) and sexual assault (s.271)

Orders

  • Accused convicted of offences contrary to ss.151, 152 and 271 of the Criminal Code