R. v. P.T.

R. v. P.T.

The judge accepted the complainant's evidence as credible and found beyond a reasonable doubt that A.D. committed a sexual assault with his penis in the upper bunk; however, the Crown failed to prove beyond a reasonable doubt that P.T. either sexually touched the complainant or was a party to the penis assault, so P.T. was acquitted under the W(D) analysis.

Citation
2010 NSPC 49
Parties
Crown: Her Majesty the Queen; Accused (young Person): P.T.; Accused (young Person): A.D.; Complainant: M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 July 2010
Procedural Posture
Criminal / Trial Judgment
Outcome
A.D. convicted; P.T. acquitted
Legal Topics
Sexual Assault, W(d) Assessment, Credibility, Delay in Disclosure, Party Liability
Source Language
English
Criminal Law Youth Justice Evidence Sexual Assault W(d) Assessment Credibility Delay in Disclosure Party Liability

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Parties

Her Majesty the Queen

Crown

P.T.

Accused (young Person)

A.D.

Accused (young Person)

M.

Complainant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that either or both accused sexually assaulted the complainant
  2. 2 Application of the W(D) test to conflicting testimony of the accuseds
  3. 3 Credibility of complainant versus accuseds

Ratio Decidendi

The judge accepted the complainant's evidence as credible and found beyond a reasonable doubt that A.D. committed a sexual assault with his penis in the upper bunk; however, the Crown failed to prove beyond a reasonable doubt that P.T. either sexually touched the complainant or was a party to the penis assault, so P.T. was acquitted under the W(D) analysis.

Court Disposition

A.D. convicted; P.T. acquitted

Orders

  • A.D. convicted of sexual assault (Criminal Code s.271(1)(a))
  • P.T. acquitted of sexual assault (Criminal Code s.271(1)(a))