R. v. Koge

R. v. Koge

The Crown did not prove all essential elements beyond a reasonable doubt because significant reliability issues in the complainant's core evidence (tentativeness, material inconsistencies, late revelations), inability to objectively conclude the touching was of a sexual nature on the evidence, and the accused's credible denials together left the court with a reasonable doubt; accordingly the accused was acquitted.

Citation
2022 NSPC 37
Parties
Crown: Her Majesty the Queen; Accused: Ekane Koge
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 November 2022
Procedural Posture
Criminal Sexual Assault / Trial (judge Alone) Judgment
Outcome
Not guilty
Legal Topics
Consent, Credibility and Reliability, Reasonable Doubt, Collateral Evidence/rebuttal, Publication Ban, Post Event Demeanour, Corroboration, Stereotypes and Myths
Source Language
English
Criminal Law Evidence Sexual Assault Law Consent Credibility and Reliability Reasonable Doubt Collateral Evidence/rebuttal Publication Ban +3 more

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Parties

Her Majesty the Queen

Crown

Ekane Koge

Accused

Procedural Posture

Criminal Sexual Assault / Trial (judge Alone) Judgment

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether touching was of a sexual nature
  3. 3 Assessment of complainant's credibility and reliability

Ratio Decidendi

The Crown did not prove all essential elements beyond a reasonable doubt because significant reliability issues in the complainant's core evidence (tentativeness, material inconsistencies, late revelations), inability to objectively conclude the touching was of a sexual nature on the evidence, and the accused's credible denials together left the court with a reasonable doubt; accordingly the accused was acquitted.

Court Disposition

Not guilty

Orders

  • Acquitted of charge of sexual assault contrary to s.271 of the Criminal Code
  • Publication ban in place under ss.486.4 and 486.5 of the Criminal Code (permanent)