R. v. J.T.C.

R. v. J.T.C.

Judge acquitted accused of aggravated sexual assault because Crown failed to prove beyond a reasonable doubt that intercourse was unprotected (reasonable doubt on condom use) and uncontested expert evidence showed negligible transmission risk; convicted accused of sexual interference (s.151) because he did not take all reasonable steps to ascertain that complainant was of age and statutory defences did not apply; convicted on related breach of probation counts.

Citation
2013 NSPC 88
Parties
Crown: Her Majesty The Queen; Accused: C. (J.T.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 October 2013
Procedural Posture
Criminal Youth Justice / Trial Decision
Outcome
Acquitted of Count 1 (aggravated sexual assault); Convicted of Count 2 (section 151 sexual interference) and Counts 3 and 4 (breach of probation).
Legal Topics
Aggravated Sexual Assault (hiv Non Disclosure), Sexual Interference (age of Consent), Breach of Probation, All Reasonable Steps Defence, Expert Medical Evidence on Viral Load, Condom Use and Consent
Source Language
English
Criminal Law Youth Justice Sexual Offences Public Health Law (hiv) Aggravated Sexual Assault (hiv Non Disclosure) Sexual Interference (age of Consent) Breach of Probation All Reasonable Steps Defence +2 more

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Parties

Her Majesty The Queen

Crown

C. (J.T.)

Accused

Procedural Posture

Criminal Youth Justice / Trial Decision

Legal Issues

  1. 1 Whether aggravated sexual assault based on HIV non-disclosure was established
  2. 2 Whether sexual intercourse was unprotected (condom issue)
  3. 3 Whether accused took all reasonable steps to ascertain complainant's age

Ratio Decidendi

Judge acquitted accused of aggravated sexual assault because Crown failed to prove beyond a reasonable doubt that intercourse was unprotected (reasonable doubt on condom use) and uncontested expert evidence showed negligible transmission risk; convicted accused of sexual interference (s.151) because he did not take all reasonable steps to ascertain that complainant was of age and statutory defences did not apply; convicted on related breach of probation counts.

Court Disposition

Acquitted of Count 1 (aggravated sexual assault); Convicted of Count 2 (section 151 sexual interference) and Counts 3 and 4 (breach of probation).

Orders

  • Acquitted: Count 1 – aggravated sexual assault
  • Convicted: Count 2 – section 151 (sexual interference)