R. v. Threlfall

R. v. Threlfall

The trial judge accepted the complainants' evidence as credible and, applying the modified W.D. instruction, convicted the accused on specified counts of rape, attempted rape, indecent assault, gross indecency, buggery and assault causing bodily harm; however, because s.33 of the 1983 amending Act preserved the pre-amendment law for offences committed before its coming into force, the corroboration and recent complaint rules continued to apply to incest and recent complaint issues for offences touching that period, resulting in an acquittal on the incest count (count 10); other counts were stayed as noted and the publication ban remained in effect.

Citation
2006 BCSC 1620
Parties
Crown: Regina; Accused: Frederick William Threlfall
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 June 2006
Procedural Posture
Criminal Trial (sexual Offences) / Trial Judgment (convictions and Acquittal)
Outcome
Accused convicted on counts 1-9, 11, 13, 15, 17, 18, 19 and 23; acquitted on count 10; remaining counts stayed as noted; publication ban imposed.
Legal Topics
Rape, Attempted Rape, Sexual Assault, Incest, Buggery, Gross Indecency, Corroboration, Recent Complaint Rule, Kienapple Principle, S.43 Corporal Punishment Defence, W.d. Instruction, Publication Ban
Source Language
English
Criminal Law Evidence Law Sexual Offences Procedure Rape Attempted Rape Sexual Assault Incest +8 more

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Parties

Regina

Crown

Frederick William Threlfall

Accused

Procedural Posture

Criminal Trial (sexual Offences) / Trial Judgment (convictions and Acquittal)

Legal Issues

  1. 1 Whether repeals and evidentiary amendments to the Criminal Code apply retrospectively to offences committed before enactment
  2. 2 Whether corroboration requirement and recent complaint rule still apply to pre-1983 offences
  3. 3 Proper application of modified W.D. instruction to accused's testimony

Ratio Decidendi

The trial judge accepted the complainants' evidence as credible and, applying the modified W.D. instruction, convicted the accused on specified counts of rape, attempted rape, indecent assault, gross indecency, buggery and assault causing bodily harm; however, because s.33 of the 1983 amending Act preserved the pre-amendment law for offences committed before its coming into force, the corroboration and recent complaint rules continued to apply to incest and recent complaint issues for offences touching that period, resulting in an acquittal on the incest count (count 10); other counts were stayed as noted and the publication ban remained in effect.

Court Disposition

Accused convicted on counts 1-9, 11, 13, 15, 17, 18, 19 and 23; acquitted on count 10; remaining counts stayed as noted; publication ban imposed.

Orders

  • Convictions entered on counts 1-9, 11, 13, 15, 17, 18, 19 and 23
  • Acquittal entered on count 10 (incest)