R. v. Marozoff

R. v. Marozoff

The accused is convicted on all counts because the Crown proved beyond a reasonable doubt that he participated in the kidnapping, unlawful confinement, assaults (including with a weapon), sexual assaults and extortion; the complainant's testimony was credible and corroborated by physical evidence, DNA on related...

Source-derived case information.

Citation
2010 BCSC 178
Parties
Crown: Regina; Accused: Steve Marozoff
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 February 2010
Procedural Posture
Criminal / Trial Judgment (conviction)
Outcome
Convicted on all seven counts; sentencing submissions reserved
Legal Topics
Identification Evidence, Corroboration, DNA Evidence, Telephone Records, Search Warrants, Publication Ban, Credibility of Complainant, Party Liability
Source Language
english
Criminal Law Evidence Sexual Offences Assault and Battery Kidnapping and Unlawful Confinement Extortion Identification Evidence Corroboration +6 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Steve Marozoff

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 whether the LG cellular telephone was in the accused's possession and inferentially used
  2. 2 credibility of the complainant given addiction and intoxication
  3. 3 reliability of eyewitness identification of 'Steve' as the accused

Ratio Decidendi

The accused is convicted on all counts because the Crown proved beyond a reasonable doubt that he participated in the kidnapping, unlawful confinement, assaults (including with a weapon), sexual assaults and extortion; the complainant's testimony was credible and corroborated by physical evidence, DNA on related items, telephone records and possession/admission of the LG cellphone linking him to the events.

Court Disposition

Convicted on all seven counts; sentencing submissions reserved

Orders

  • Accused convicted of all seven counts as charged
  • Court will hear submissions regarding conditional stays under the Kienapple principle prior to sentencing