R. v. Ashraf

R. v. Ashraf

Court accepted the complainant and police evidence, found the accused's denials not credible, found the statement to police was voluntary and admissible, and therefore concluded beyond a reasonable doubt that the accused violated his Undertaking on both counts.

Citation
2003 NSPC 50
Parties
Crown: R.; Accused: Nabeel Ashraf; Complainant: Jing Zhang
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 October 2003
Procedural Posture
Criminal / Trial Decision on Alleged Violation of Undertaking; Verdict
Outcome
Guilty on both counts; convictions entered
Legal Topics
Breach of Undertaking, Credibility Assessment, Voluntariness of Statements, Voir Dire, Restraining Order
Source Language
English
Criminal Law Evidence Charter Breach of Undertaking Credibility Assessment Voluntariness of Statements Voir Dire Restraining Order

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Parties

R.

Crown

Nabeel Ashraf

Accused

Jing Zhang

Complainant

Procedural Posture

Criminal / Trial Decision on Alleged Violation of Undertaking; Verdict

Legal Issues

  1. 1 Whether the accused violated his Undertaking by communicating with the complainant or going to her residence
  2. 2 Whether the accused entered the women's washroom and spoke to the complainant
  3. 3 Assessment of credibility of complainant, accused and police

Ratio Decidendi

Court accepted the complainant and police evidence, found the accused's denials not credible, found the statement to police was voluntary and admissible, and therefore concluded beyond a reasonable doubt that the accused violated his Undertaking on both counts.

Court Disposition

Guilty on both counts; convictions entered

Orders

  • Convictions entered on both counts of the Information