R. v. A.J.D.

R. v. A.J.D.

The accused was convicted because the Crown proved beyond a reasonable doubt that he did not take all reasonable steps to ascertain the complainant's age; his own statements and conduct showed he knew or suspected she was 15 and had not asked her age, so the statutory limitation on the honest‑belief defence applied and negated that defence.

Citation
2016 NSPC 74
Parties
Prosecution: Her Majesty the Queen; Accused: A.J.D.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 December 2016
Procedural Posture
Criminal / Trial Judgment (conviction)
Outcome
Guilty on all charges
Legal Topics
Age of Consent, Mistake of Fact / Honest But Mistaken Belief, Reasonable Steps to Ascertain Age, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Age of Consent Mistake of Fact / Honest But Mistaken Belief Reasonable Steps to Ascertain Age Credibility Assessment Publication Ban

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Parties

Her Majesty the Queen

Prosecution

A.J.D.

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused held an honest but mistaken belief that the complainant was 16 or older
  2. 2 Whether the accused took all reasonable steps to ascertain the complainant's age as required by s.151.1(4) of the Criminal Code
  3. 3 Assessment of credibility of complainant and accused

Ratio Decidendi

The accused was convicted because the Crown proved beyond a reasonable doubt that he did not take all reasonable steps to ascertain the complainant's age; his own statements and conduct showed he knew or suspected she was 15 and had not asked her age, so the statutory limitation on the honest‑belief defence applied and negated that defence.

Court Disposition

Guilty on all charges

Orders

  • Convicted of offences under sections 151 and 271(1) of the Criminal Code
  • Publication ban under s.486.4 of the Criminal Code (identifying information removed)