R. v. Gallant

The trial judge found the complainant credible and reliable on the material facts, rejected the accused's conflicting testimony and statements, and concluded the Crown proved beyond a reasonable doubt that the accused committed two assaults (s.266(b)) and a sexual assault (s.271); consequently the accused was convicted on those counts.

Citation: 2019 NSPC 5
Parties: Crown: Her Majesty the Queen; Accused: Colin Michael Gallant
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 12 March 2019
Procedural Posture: Criminal (assault and Sexual Assault) / Trial Judgment (conviction)
Outcome: Accused convicted of sexual assault (Criminal Code s.271) and two counts of assault (Criminal Code s.266(b)).
Legal Topics: Assault, Sexual Assault, Credibility, Reasonable Doubt, Publication Ban
Source Language: English

Criminal Law Sexual Assault Domestic Violence Assault Credibility Reasonable Doubt Publication Ban

Case Brief

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Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2

Parties

Her Majesty the Queen

Crown

Colin Michael Gallant

Accused

Procedural Posture

Criminal (assault and Sexual Assault) / Trial Judgment (conviction)

Legal Issues

1 Whether the Crown proved each element of the assaults and sexual assault beyond a reasonable doubt
2 Assessment of credibility of the complainant (M.L.) versus the accused (Colin Gallant)
3 Whether inconsistencies and omissions in complainant's evidence undermine reliability

Ratio Decidendi

Court Disposition

Accused convicted of sexual assault (Criminal Code s.271) and two counts of assault (Criminal Code s.266(b)).

Orders

Convicted on counts: Criminal Code s.271 (sexual assault) and Criminal Code s.266(b) (two assaults)
Publication ban imposed under Criminal Code s.486.4(1) prohibiting publication that could identify the victim/complainant