R. v. H.R.S.

R. v. H.R.S.

Judge preferred complainant's evidence over the accused's denial based on opportunity, consistency of key elements, corroborative conduct (report to mother and admissions by accused on two occasions) and accepted that all elements of s.149, s.157 and s.145 were proven beyond a reasonable doubt; accordingly convicted...

Source-derived case information.

Citation
2005 NSSC 193
Parties
Crown: Her Majesty the Queen; Accused: H.R.S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 May 2005
Procedural Posture
Criminal / Trial Verdict (conviction)
Outcome
Accused found guilty on all three counts
Legal Topics
Indecent Assault, Gross Indecency, Attempted Sexual Intercourse With Person Under 14, Credibility Assessment, Admissions/confession
Source Language
english
Criminal Law Sex Offences Evidence Indecent Assault Gross Indecency Attempted Sexual Intercourse With Person Under 14 Credibility Assessment Admissions/confession

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

H.R.S.

Accused

Procedural Posture

Criminal / Trial Verdict (conviction)

Legal Issues

  1. 1 Whether the alleged sexual offences occurred
  2. 2 Whether the complainant's evidence is credible
  3. 3 Whether the Crown proved each element of offences under ss.145, 149 and 157 of the Criminal Code beyond a reasonable doubt

Ratio Decidendi

Judge preferred complainant's evidence over the accused's denial based on opportunity, consistency of key elements, corroborative conduct (report to mother and admissions by accused on two occasions) and accepted that all elements of s.149, s.157 and s.145 were proven beyond a reasonable doubt; accordingly convicted on all three counts.

Court Disposition

Accused found guilty on all three counts

Orders

  • Accused found guilty of indecent assault contrary to section 149 of the Criminal Code
  • Accused found guilty of gross indecency contrary to section 157 of the Criminal Code