Kurk Joshua MacKay v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)


Criminal law - Charge to jury, Evidence, Assessment - Criminal law — Charge to jury — Evidence — Assessment — Whether the Court of Appeal erred in finding that the charge to the jury adequately protected the applicant from the risk of prejudice associated with a trial of two separate complainants on the same indictment — Whether the Court of Appeal erred in finding that there was “no realistic risk” that the jury would misuse the prior consistent statements of the complainants — Whether the Court of Appeal erred in finding the charge to the jury concerning collusion and the motive to fabricate was entirely adequate and grounded in the law and the evidence.


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The applicant and his wife were foster parents for many years. In 2014, the applicant was charged with seven sexual offences involving three former foster children, R.C., N.L. and D.U. In 2017, the counts involving D.U. were severed and the Crown proceeded on a new four count indictment alleging sexual assault and sexual touching of R.C. and N.L. After a jury trial, the applicant was convicted of two counts of sexual assault and two counts of sexual touching. The conviction appeal was dismissed.