R. v. E.M.W.

R. v. E.M.W.

After applying the W.(D.) framework by testing each witness against the other and synthesizing all evidence, the trial judge found the complainant's evidence sufficiently reliable that the accused's denial did not raise a reasonable doubt as to any essential element of s.271(1); accordingly the accused was convicted.

Citation
2009 NSPC 33
Parties
Crown: Her Majesty the Queen; Defendant/accused: E.M.W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 July 2009
Procedural Posture
Criminal Sexual Assault (s.271(1) Criminal Code) / Trial Judgment (conviction)
Outcome
Guilty
Legal Topics
Credibility Assessment, W.(d.) Direction, Reasonable Doubt, Burden of Proof, Corroboration Requirement, Publication Restriction
Source Language
English
Criminal Law Sexual Offences Evidence Law Child Witness Law Credibility Assessment W.(d.) Direction Reasonable Doubt Burden of Proof +2 more

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Parties

Her Majesty the Queen

Crown

E.M.W.

Defendant/accused

Procedural Posture

Criminal Sexual Assault (s.271(1) Criminal Code) / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the accused committed a sexual assault contrary to s.271(1) Criminal Code
  2. 2 Proper application of the R. v. W.(D.) credibility/ reasonable doubt direction
  3. 3 Whether the accused's denial raised a reasonable doubt despite being disbelieved

Ratio Decidendi

After applying the W.(D.) framework by testing each witness against the other and synthesizing all evidence, the trial judge found the complainant's evidence sufficiently reliable that the accused's denial did not raise a reasonable doubt as to any essential element of s.271(1); accordingly the accused was convicted.

Court Disposition

Guilty

Orders

  • Convicted of sexual assault contrary to s.271(1) Criminal Code
  • Publication restriction under s.486.4 Criminal Code in effect