R. v. T.M.E.

R. v. T.M.E.

The Crown proved beyond a reasonable doubt that the accused committed a sexual assault causing bodily harm: the medical evidence (neck bruising, upper lip bruising, vaginal swelling, and a two‑centimetre perineal laceration likely caused by a fingernail) together with the answering‑machine and cell phone records showing repeated calls culminating in a 3:59 a.m. message and the complainant's reaction at the clinic provided sufficient corroboration and credibility to convict despite some inconsistencies and investigative limitations.

Citation
2004 BCSC 558
Parties
Prosecution: Regina; Defendant: T.M.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2004
Procedural Posture
Criminal / Oral Reasons for Judgment Following Trial; Conviction Entered, Sentencing Reserved
Outcome
Defendant convicted of sexual assault causing bodily harm (s.272(1)(c) Criminal Code); Crown stayed the uttering threats charge (s.264.1(1)(a)); sentencing reserved
Legal Topics
Sexual Assault Causing Bodily Harm, Uttering Threats, Evidence and Corroboration (medical Records, Telephone Records, Witness Credibility), Sentencing (pre Sentence Report)
Source Language
English
Criminal Law Sexual Assault Causing Bodily Harm Uttering Threats Evidence and Corroboration (medical Records, Telephone Records, Witness Credibility) Sentencing (pre Sentence Report)

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Parties

Regina

Prosecution

T.M.E.

Defendant

Procedural Posture

Criminal / Oral Reasons for Judgment Following Trial; Conviction Entered, Sentencing Reserved

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the defendant committed sexual assault causing bodily harm
  2. 2 Whether the complainant's account was sufficiently corroborated by medical findings and contemporaneous telephone records
  3. 3 Assessment of the credibility of the complainant and the accused in light of inconsistencies and investigative shortcomings

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused committed a sexual assault causing bodily harm: the medical evidence (neck bruising, upper lip bruising, vaginal swelling, and a two‑centimetre perineal laceration likely caused by a fingernail) together with the answering‑machine and cell phone records showing repeated calls culminating in a 3:59 a.m. message and the complainant's reaction at the clinic provided sufficient corroboration and credibility to convict despite some inconsistencies and investigative limitations.

Court Disposition

Defendant convicted of sexual assault causing bodily harm (s.272(1)(c) Criminal Code); Crown stayed the uttering threats charge (s.264.1(1)(a)); sentencing reserved

Orders

  • Guilty verdict entered on charge of sexual assault causing bodily harm (Criminal Code s.272(1)(c))
  • Crown stayed the charge of uttering threats (Criminal Code s.264.1(1)(a))