R. v. MacIntosh

R. v. MacIntosh

The judge applied the beyond‑reasonable‑doubt standard and R. v. W.(D.) credibility analysis to each count separately and convicted on counts where complainant testimony was credible and non‑consent proven beyond reasonable doubt (counts 3,4,9,10), and acquitted where inconsistencies, memory errors, or reasonable doubt as to actus reus or consent existed (counts 1,2,5,6,7,8).

Citation
2011 NSSC 340
Parties
Crown: Her Majesty the Queen; Accused: Ernest Fenwick MacIntosh
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 January 2011
Procedural Posture
Criminal / Trial Judgment (oral Decision)
Outcome
Guilty on counts 3, 4, 9 and 10; Not guilty on counts 1, 2, 5, 6, 7 and 8.
Legal Topics
Indecent Assault, Gross Indecency (historic Offence), Consent, Witness Credibility, Application of R. V. W.(d.)
Source Language
English
Criminal Law Sexual Offences Evidence Indecent Assault Gross Indecency (historic Offence) Consent Witness Credibility Application of R. V. W.(d.)

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Parties

Her Majesty the Queen

Crown

Ernest Fenwick MacIntosh

Accused

Procedural Posture

Criminal / Trial Judgment (oral Decision)

Legal Issues

  1. 1 Whether the Crown proved indecent assault and gross indecency beyond a reasonable doubt
  2. 2 Whether complainants' evidence was credible and reliable despite historic delay
  3. 3 Whether sexual contacts were non-consensual

Ratio Decidendi

The judge applied the beyond‑reasonable‑doubt standard and R. v. W.(D.) credibility analysis to each count separately and convicted on counts where complainant testimony was credible and non‑consent proven beyond reasonable doubt (counts 3,4,9,10), and acquitted where inconsistencies, memory errors, or reasonable doubt as to actus reus or consent existed (counts 1,2,5,6,7,8).

Court Disposition

Guilty on counts 3, 4, 9 and 10; Not guilty on counts 1, 2, 5, 6, 7 and 8.

Orders

  • Verdicts entered as follows: count 1 not guilty; count 2 not guilty; count 3 guilty (indecent assault); count 4 guilty (gross indecency); count 5 not guilty; count 6 not guilty; count 7 not guilty; count 8 not guilty; count 9 guilty (indecent assault); count 10 guilty (gross indecency).