R. v. PJB

R. v. PJB

The judge found the Crown did not prove absence of consent beyond a reasonable doubt because the complainant's testimony was materially compromised by her admitted 'inner monologue' and memory gaps regarding the basement events, there were no independent witnesses to the sexual activity, and applying the W.(D.) framework to the accused's evidence still left a reasonable doubt; therefore the accused could not be convicted.

Citation
2019 NSSC 109
Parties
Crown: Her Majesty the Queen; Accused: P.J.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 April 2019
Procedural Posture
Criminal (sexual Assault) / Trial Judgment (acquittal)
Outcome
Acquitted
Legal Topics
Consent, Capacity to Consent, Credibility Assessment, Burden of Proof, Publication Ban (s.486.4)
Source Language
English
Criminal Law Sexual Offences Evidence Consent Capacity to Consent Credibility Assessment Burden of Proof Publication Ban (s.486.4)

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Parties

Her Majesty the Queen

Crown

P.J.B.

Accused

Procedural Posture

Criminal (sexual Assault) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved absence of consent to sexual activity beyond a reasonable doubt
  2. 2 Whether the complainant had capacity to consent given intoxication and episodes of loss of consciousness
  3. 3 How to assess credibility where the complainant describes an 'inner monologue' and memory gaps

Ratio Decidendi

The judge found the Crown did not prove absence of consent beyond a reasonable doubt because the complainant's testimony was materially compromised by her admitted 'inner monologue' and memory gaps regarding the basement events, there were no independent witnesses to the sexual activity, and applying the W.(D.) framework to the accused's evidence still left a reasonable doubt; therefore the accused could not be convicted.

Court Disposition

Acquitted

Orders

  • Accused P.J.B. acquitted and discharged
  • Publication ban under Criminal Code s.486.4 restricting publication of information that could identify the complainant