R. v. Irving
The prosecution did not prove the offence of assault beyond a reasonable doubt because the complainant's evidence was found not credible and lacked corroborative evidence (notably photographs); therefore the accused was acquitted.
- Citation
- 2013 NSPC 104
- Parties
- Prosecution: Her Majesty the Queen; Accused: Leslie Irving
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 7 November 2013
- Procedural Posture
- Criminal Summary Conviction (assault) / Judgment (trial Concluded)
- Outcome
- Not guilty (acquitted)
- Legal Topics
- Assault, Proof Beyond Reasonable Doubt, Witness Credibility, Corroboration, Investigative Obligations
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Prosecution
Leslie Irving
Accused
Procedural Posture
Criminal Summary Conviction (assault) / Judgment (trial Concluded)
Legal Issues
- 1 Whether the prosecution proved assault beyond a reasonable doubt
- 2 Whether lack of photographic evidence undermined the complainant's testimony
- 3 Whether the complainant's testimony was credible
Ratio Decidendi
The prosecution did not prove the offence of assault beyond a reasonable doubt because the complainant's evidence was found not credible and lacked corroborative evidence (notably photographs); therefore the accused was acquitted.
Court Disposition
Not guilty (acquitted)
Orders
- Accused Leslie Irving found not guilty and acquitted.
- Undertaking #1560240 terminated; accused released.
Full Case Text
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