R. v. R.S.H

R. v. R.S.H

Two police video-recorded statements were admissible under s.715.2, but after full assessment of all evidence — including expert evidence about the complainant’s moderate intellectual disability, contemporaneous disclosures, numerous inconsistencies and significant new or conflicting disclosures elicited at trial, and the defence cross-examination which revealed suggestion-susceptibility — the Crown failed to prove beyond a reasonable doubt that the accused committed the sexual assault; those reasonable doubts mandated acquittal.

Citation
2025 NSSC 79
Parties
Crown: His Majesty the King; Accused: R.S.H
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 February 2025
Procedural Posture
Criminal Sexual Assault / Trial Judgment (acquittal)
Outcome
Acquitted (Not Guilty) of sexual assault contrary to s.271 Criminal Code
Legal Topics
Section 271 Criminal Code, Section 715.2 Admissibility of Videotaped Statements, Section 486.4 Publication Ban, Credibility and Reliability of Witnesses With Intellectual Disabilities, W.(d.) Modified Direction
Source Language
English
Criminal Law Evidence Sexual Offences Vulnerable Witnesses Section 271 Criminal Code Section 715.2 Admissibility of Videotaped Statements Section 486.4 Publication Ban Credibility and Reliability of Witnesses With Intellectual Disabilities +1 more

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Parties

His Majesty the King

Crown

R.S.H

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Admissibility of two videotaped statements under s.715.2
  2. 2 Assessment of credibility and reliability of a complainant with moderate intellectual disability functioning at a young child level
  3. 3 Whether the Crown proved sexual assault beyond a reasonable doubt given inconsistencies and new disclosures

Ratio Decidendi

Two police video-recorded statements were admissible under s.715.2, but after full assessment of all evidence — including expert evidence about the complainant’s moderate intellectual disability, contemporaneous disclosures, numerous inconsistencies and significant new or conflicting disclosures elicited at trial, and the defence cross-examination which revealed suggestion-susceptibility — the Crown failed to prove beyond a reasonable doubt that the accused committed the sexual assault; those reasonable doubts mandated acquittal.

Court Disposition

Acquitted (Not Guilty) of sexual assault contrary to s.271 Criminal Code

Orders

  • Accused acquitted of the offence charged (sexual assault contrary to s.271 Criminal Code)
  • Publication ban imposed pursuant to s.486.4 of the Criminal Code