His Majesty the King v. Christopher James Kruk

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)


Criminal law - Trial - Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred in concluding that the trial judge relied on speculative reasoning in accepting the complainant’s evidence — Whether there was no merit to the respondent’s alternate argument regarding alleged misapprehensions of evidence, and the appropriate remedy was to restore the conviction.



Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.


The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial.