R. v. A.R.

R. v. A.R.

Although the complainant's evidence was credible and established that consent was withdrawn, the trial judge could not completely reject the accused's clear denial; under W.D. the accused's unrejected denial left a reasonable doubt on the essential elements of the offence, therefore the Crown did not prove guilt beyond a reasonable doubt and the accused must be acquitted.

Citation
2018 NSPC 11
Parties
Crown: Her Majesty the Queen; Accused: A. R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 May 2018
Procedural Posture
Criminal Sexual Assault (youth Court) / Trial Judgment Acquittal
Outcome
Acquittal
Legal Topics
Consent, Reasonable Doubt, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Youth Court Consent Reasonable Doubt Credibility Assessment Publication Ban

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Parties

Her Majesty the Queen

Crown

A. R.

Accused

Procedural Posture

Criminal Sexual Assault (youth Court) / Trial Judgment Acquittal

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271 of the Criminal Code
  2. 2 Whether the complainant validly withdrew consent during sexual activity
  3. 3 Whether the Crown proved each essential element beyond a reasonable doubt given conflicting accounts

Ratio Decidendi

Although the complainant's evidence was credible and established that consent was withdrawn, the trial judge could not completely reject the accused's clear denial; under W.D. the accused's unrejected denial left a reasonable doubt on the essential elements of the offence, therefore the Crown did not prove guilt beyond a reasonable doubt and the accused must be acquitted.

Court Disposition

Acquittal

Orders

  • Accused acquitted of sexual assault charge contrary to s.271 of the Criminal Code
  • Publication ban in place under s.486.4 of the Criminal Code (ban on publishing information that could disclose identity of the victim/complainant)