R. v. Allen

R. v. Allen

The Crown did not prove beyond a reasonable doubt that the only reasonable inference from the circumstantial and expert evidence was that the accused committed an objectively dangerous unlawful act that caused the child’s death; the evidence permitted reasonable alternative explanations (including an accidental stairway fall or fall from the bed) and the accused’s testimony could not be rejected in its material aspects, therefore the accused was acquitted.

Citation
2009 NSPC 43
Parties
Applicant/crown: Her Majesty the Queen; Accused/defendant: Terry Dean Allen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 September 2009
Procedural Posture
Criminal / Trial Verdict (acquittal)
Outcome
Acquitted
Legal Topics
Manslaughter, Unlawful Act Manslaughter, Circumstantial Evidence, Burden of Proof, Expert Opinion Evidence, Post Event Conduct
Source Language
English
Criminal Law Evidence Forensic Pathology Child Protection Manslaughter Unlawful Act Manslaughter Circumstantial Evidence Burden of Proof +2 more

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Parties

Her Majesty the Queen

Applicant/crown

Terry Dean Allen

Accused/defendant

Procedural Posture

Criminal / Trial Verdict (acquittal)

Legal Issues

  1. 1 Whether the accused committed an unlawful act (assault) that was objectively dangerous
  2. 2 Whether that unlawful act caused the fatal impact to the vertex of the child’s head
  3. 3 Whether circumstantial evidence permits only one reasonable inference of guilt

Ratio Decidendi

The Crown did not prove beyond a reasonable doubt that the only reasonable inference from the circumstantial and expert evidence was that the accused committed an objectively dangerous unlawful act that caused the child’s death; the evidence permitted reasonable alternative explanations (including an accidental stairway fall or fall from the bed) and the accused’s testimony could not be rejected in its material aspects, therefore the accused was acquitted.

Court Disposition

Acquitted

Orders

  • Accused found not guilty and acquitted