A higher court has upheld a Surrey provincial court judge’s decision to convict Colin Howard Christensen of sexual assault and uttering threats.
Christensen’s lawyer argued before the Court of Appeal for British Columbia in Vancouver that the trial judge erred by reversing the burden of proof, misapprehending the evidence before her and “misdirecting herself in her credibility analysis.”
But Justice Peter Voith decided the judge’s analysis and conclusions were properly grounded and Justices Gregory Fitch and Patrice Abrioux concurred.
“This was a straightforward case that turned on the credibility of the witnesses who appeared before the judge. I am satisfied that the judge properly applied the principles that grounded both her analysis and her conclusions. I would dismiss the appeal,” Voith concluded.
There is a publication ban on information identifying the victim, whom Voith noted in his Oct. 21 reasons for judgment is “disabled by a genetic condition that impacts her both cognitively and physically.”