What is the test for a jury to convict an accused of sexual assault?
British Columbia, Canada
The following excerpt is from R. v. Odemena, 2016 BCSC 2209 (CanLII):
By reading only the concluding paragraphs of the decision, it might appear that the trial judge simply measured the evidence of the complainant against that of the accused. A verdict of guilt must not be based only on a choice between the accused’s evidence and that of the complainant: R v. Boucher, 2005 SCC 72 at para. 29.
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