R. v. Barrett

R. v. Barrett

The trial judge accepted the complainant's clear, detailed and consistent evidence and rejected the accused's evidence as internally inconsistent and unreliable; on that basis the Crown proved beyond a reasonable doubt that the accused committed unwanted sexual touching and was guilty of sexual assault contrary to s.271 of the Criminal Code.

Citation
2019 NSPC 75
Parties
Crown: Her Majesty the Queen; Accused: Sherri Dawn Barrett; Complainant: J.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 October 2019
Procedural Posture
Criminal Sexual Assault / Trial Verdict (guilty)
Outcome
Guilty of sexual assault contrary to s.271 of the Criminal Code
Legal Topics
Consent, Credibility and Reliability, Burden of Proof, Publication Ban
Source Language
English
Criminal Law Sexual Assault Evidence Consent Credibility and Reliability Burden of Proof Publication Ban

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Parties

Her Majesty the Queen

Crown

Sherri Dawn Barrett

Accused

J.C.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Verdict (guilty)

Legal Issues

  1. 1 Whether the accused touched the complainant in a sexual manner without consent
  2. 2 Assessment of credibility and reliability of the complainant and the accused
  3. 3 Whether the Crown proved the essential elements beyond a reasonable doubt

Ratio Decidendi

The trial judge accepted the complainant's clear, detailed and consistent evidence and rejected the accused's evidence as internally inconsistent and unreliable; on that basis the Crown proved beyond a reasonable doubt that the accused committed unwanted sexual touching and was guilty of sexual assault contrary to s.271 of the Criminal Code.

Court Disposition

Guilty of sexual assault contrary to s.271 of the Criminal Code

Orders

  • Found guilty of sexual assault contrary to s.271 Criminal Code
  • Publication ban ordered under s.486.4 Criminal Code prohibiting identification of the complainant