Case # 35373
Garry Howard James v. Her Majesty the Queen (January 17, 2014)
The appellant was acquitted of sexual assault. He and the complainant consumed a significant amount of alcohol and smoked crack cocaine on the day of the alleged assault. On the day of the alleged assault the appellant also took a variety of prescribed medications for his various ailments. At trial, the complainant testified that there were certain aspects of the day that she could not remember. Bruises were found on the thighs, arms, and legs of the complainant the next day. The appellant testified that he had no memory of the alleged assault in question. The B.C. Court of Appeal allowed the Crown’s appeal and ordered a new trial.