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Trial judgment convicting Christopher James Kruk of sexual assault after the court accepted the complainant’s account of non-consensual penile-vaginal penetration.
The trial judge applied the W.D. framework and the reasonable doubt standard, identified material inconsistencies in the appellant's police statements on critical points, accepted Schubert's account and supporting witness evidence (Howell and Todd), and the appellate court will not overturn credibility findings; therefore the convictions are maintained.
Source excerpt
The trial judge properly admitted the appellant’s final statement because it was made voluntarily for the purpose of obtaining bail with full recognition of rights and therefore did not warrant exclusion under s.24(2); the conviction was safely supported by corroboration of the accomplice evidence; and the sentence was fit with no entitlement to credit for time on bail given the appellant’s subsequent arrest for trafficking while released.
Source excerpt
The British Columbia Court of Appeal upheld Richard Zimmerscheid’s conviction for possession of marihuana for the purpose of trafficking, finding the verdict supported by the evidence.
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