R. v. C.L.S.

R. v. C.L.S.

The Crown did not prove beyond a reasonable doubt that the complainant did not consent; the complainant's testimony contained weaknesses and lacked corroboration, and the accused's perception of consent was such that reasonable doubt existed under principles in W.(D.) and Ewanchuk; accordingly the accused is not guilty.

Citation
2007 NSPC 21
Parties
Prosecution: Her Majesty the Queen; Defendant/accused: C.L.S.; Complainant: TL
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 May 2007
Procedural Posture
Criminal Sexual Assault / Trial Judgment (acquittal)
Outcome
Not guilty - acquitted
Legal Topics
Consent, Mistaken Belief in Consent, Credibility Assessment, Reasonable Doubt, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Youth Justice Consent Mistaken Belief in Consent Credibility Assessment Reasonable Doubt +1 more

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Parties

Her Majesty the Queen

Prosecution

C.L.S.

Defendant/accused

TL

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the complainant consented to the touching
  2. 2 Whether the accused held an honest or reasonable mistaken belief in consent
  3. 3 Whether the Crown proved sexual assault beyond a reasonable doubt

Ratio Decidendi

The Crown did not prove beyond a reasonable doubt that the complainant did not consent; the complainant's testimony contained weaknesses and lacked corroboration, and the accused's perception of consent was such that reasonable doubt existed under principles in W.(D.) and Ewanchuk; accordingly the accused is not guilty.

Court Disposition

Not guilty - acquitted

Orders

  • Accused found not guilty and acquittal entered.
  • Publication and broadcast ban concerning the complainant's identity remains in place under s.486 of the Criminal Code.