R. v. B.H.C.

R. v. B.H.C.

Given material inconsistencies between the complainant's trial evidence, prior statements and manuscript, the passage of time and recovery of memory issues, and conflicting defence evidence, the Crown did not prove the charges beyond a reasonable doubt; therefore the accused must be acquitted.

Citation
2021 NSSC 68
Parties
Crown: Her Majesty the Queen; Accused: B.H.C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Criminal Sexual Offences / Trial Judgment
Outcome
Not guilty (acquitted)
Legal Topics
Consent, Rape, Indecent Assault, Credibility Assessment, Delay and Memory/recovered Memory, Publication Ban (ss.486.4 & 486.5)
Source Language
English
Criminal Law Sexual Offences Evidence Law Publication Restrictions Consent Rape Indecent Assault Credibility Assessment +2 more

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Parties

Her Majesty the Queen

Crown

B.H.C.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused had sexual intercourse with the complainant without her consent (former s.143) and committed indecent assault (former s.149)
  2. 2 Whether the complainant's evidence was credible and reliable given inconsistencies, prior statements and long delay
  3. 3 Whether defence evidence created reasonable doubt

Ratio Decidendi

Given material inconsistencies between the complainant's trial evidence, prior statements and manuscript, the passage of time and recovery of memory issues, and conflicting defence evidence, the Crown did not prove the charges beyond a reasonable doubt; therefore the accused must be acquitted.

Court Disposition

Not guilty (acquitted)

Orders

  • Accused B.H.C. acquitted of charges contrary to former Criminal Code ss.143 and 149
  • Publication restriction/order under Criminal Code ss.486.4 and 486.5 (restriction on publishing information that could identify the victim or witness)