R. v. B.J.H.

R. v. B.J.H.

Trial judge accepted the complainant SH as a credible and reliable witness on the core factual allegations, rejected the accused's denial as not raising a reasonable doubt, and concluded beyond a reasonable doubt that each of the sexual acts alleged occurred at least once between December 2017 and December 2020, though multiple instances and penile penetration were not proven.

Citation
2024 BCSC 969
Parties
Crown: Rex; Accused: B.J.H.; Complainant: S.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 May 2024
Procedural Posture
Criminal Sexual Offences / Trial Judgment on Guilt
Outcome
Convicted of sexual interference, invitation to sexual touching and sexual assault
Legal Topics
Sexual Interference, Invitation to Sexual Touching, Sexual Assault, Credibility Assessment, Child Witness Evidence, Publication Ban, S.715.1 Statement
Source Language
English
Criminal Law Evidence Child Protection Sexual Interference Invitation to Sexual Touching Sexual Assault Credibility Assessment Child Witness Evidence +2 more

Case Brief

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Parties

Rex

Crown

B.J.H.

Accused

S.H.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment on Guilt

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed the sexual acts alleged against his daughter
  2. 2 Assessment of credibility and reliability of the child complainant's s.715.1 videotaped statement and viva voce evidence
  3. 3 Application of the W.(D.) framework to the accused's denial

Ratio Decidendi

Trial judge accepted the complainant SH as a credible and reliable witness on the core factual allegations, rejected the accused's denial as not raising a reasonable doubt, and concluded beyond a reasonable doubt that each of the sexual acts alleged occurred at least once between December 2017 and December 2020, though multiple instances and penile penetration were not proven.

Court Disposition

Convicted of sexual interference, invitation to sexual touching and sexual assault

Orders

  • Publication ban under s.486.4 of the Criminal Code restricting identification of the complainant (indefinite)
  • Original unredacted oral reasons for judgment sealed in the court registry