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Trial decision on child sexual offences: the court found the accused guilty on the counts involving K.R.J., but not guilty on the counts involving K.A.J.
The court excluded spousal misconduct evidence in a spousal support dispute and ruled that the 17-year-old daughter could not testify on that issue alone.
Appeal from a conviction for sexual interference with a child was dismissed. Fresh evidence was refused, the evidence was not misapprehended, and expert opinion was properly excluded.
The judge accepted the children's videotaped and live testimony as credible on the critical points despite some inconsistencies, found beyond a reasonable doubt that the accused touched each child for sexual purposes (s.151(a)), convicted on two s.151(a) counts and stayed the corresponding s.271(1)(a) counts under the Kienapple principle; the Crown's request to remand was denied and the accused was ordered to remain on recognizance pending sentencing with a pre-sentence report ordered.
Source excerpt
The court held the Crown had not shown necessity to admit a child’s out-of-court statements under the principled hearsay exception, so the application failed.
The Court upheld the trial judge's credibility findings because an independent witness corroborated key elements of the complainant's account, observed inconsistencies were minor or collateral and explained by intoxication, and the appellant's own serious inconsistency undermined his credibility, so the conviction stands; the sentence appeal was dismissed as abandoned.
Source excerpt
The British Columbia Court of Appeal upheld a sexual assault conviction, holding the verdict was not unreasonable despite weaknesses in the child complainant’s evidence and videotaped statement.
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