R. v. Heidemann

R. v. Heidemann

The Crown failed to prove beyond a reasonable doubt that the complainant did not consent; the trial judge could not resolve credibility in favour of the Crown, found the complainant had an immigration‑related motive affecting reliability, and concluded neither s.265(3)(d) nor s.273.1(2)(c) applied to vitiate consent; therefore the accused must be acquitted of the sexual assault charge.

Citation
2009 BCSC 1829
Parties
Crown: Regina; Accused: Wolfram Heidemann
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 October 2009
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Outcome
Accused acquitted of sexual assault
Legal Topics
Consent, Honest But Mistaken Belief, Abuse of Position of Authority, Credibility Assessment, Statutory Interpretation S.265(3), S.273.1, S.273.2
Source Language
English
Criminal Law Sexual Offences Evidence Immigration Law Consent Honest But Mistaken Belief Abuse of Position of Authority Credibility Assessment +1 more

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Parties

Regina

Crown

Wolfram Heidemann

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether consent was vitiated by exercise of authority or abuse of position of power under s.265(3)(d) and s.273.1(2)(c)
  3. 3 Whether the accused had an honest but mistaken belief in consent and whether that belief was negated by s.273.2

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the complainant did not consent; the trial judge could not resolve credibility in favour of the Crown, found the complainant had an immigration‑related motive affecting reliability, and concluded neither s.265(3)(d) nor s.273.1(2)(c) applied to vitiate consent; therefore the accused must be acquitted of the sexual assault charge.

Court Disposition

Accused acquitted of sexual assault

Orders

  • Accused acquitted of charge of sexual assault contrary to s.271 of the Criminal Code
  • Accused had pleaded guilty to some firearm offences and remaining firearm counts were to be stayed as advised by Crown