R. v. R.H.B.

R. v. R.H.B.

On credibility findings the accused's version had an air of reality and provided sufficient evidence of an honest belief in consent that was reasonable in the circumstances; the Crown failed to prove guilt beyond a reasonable doubt, therefore the accused was acquitted.

Citation
2003 NSPC 44
Parties
Crown: R.; Accused: R. H. B.; Complainant: C. L.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 September 2003
Procedural Posture
Criminal Sexual Assault / Trial Decision (acquittal)
Outcome
Not guilty (acquittal)
Legal Topics
Consent, Honest Belief Defence, Credibility Assessment, Reasonable Grounds, Acquittal
Source Language
English
Criminal Law Sexual Offences Evidence Consent Honest Belief Defence Credibility Assessment Reasonable Grounds Acquittal

Case Brief

Summary, issues, holding and outcome

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Parties

R.

Crown

R. H. B.

Accused

C. L.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the accused honestly and reasonably believed the complainant consented to touching
  2. 2 Whether the complainant in fact did not consent
  3. 3 Assessment of credibility and reliability of competing witness accounts

Ratio Decidendi

On credibility findings the accused's version had an air of reality and provided sufficient evidence of an honest belief in consent that was reasonable in the circumstances; the Crown failed to prove guilt beyond a reasonable doubt, therefore the accused was acquitted.

Court Disposition

Not guilty (acquittal)

Orders

  • Acquittal entered on the record; accused R. H. B. found not guilty of the charged sexual assault