R. v. S.S.

R. v. S.S.

Acquittal because the Crown failed to prove guilt beyond a reasonable doubt: the accused's consistent denial, together with real and material concerns about the reliability of the complainant's statements given sustained parental suspicion, repeated questioning and inconsistent recall by a key witness, created reasonable doubt.

Citation
2011 NSPC 42
Parties
Prosecutor: Her Majesty the Queen; Accused (young Person): S.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 July 2011
Procedural Posture
Criminal Youth Court / Trial Judgment
Outcome
Acquitted (Not guilty)
Legal Topics
Sexual Assault, Child Witness Evidence, Disclosure, Reasonable Doubt, Credibility
Source Language
English
Criminal Law Youth Justice Evidence Sexual Assault Child Witness Evidence Disclosure Reasonable Doubt Credibility

Case Brief

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Parties

Her Majesty the Queen

Prosecutor

S.S.

Accused (young Person)

Procedural Posture

Criminal Youth Court / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Assessment of credibility of the child complainant and the accused
  3. 3 Impact of repeated parental questioning and potential suggestion on the reliability of the child's statements

Ratio Decidendi

Acquittal because the Crown failed to prove guilt beyond a reasonable doubt: the accused's consistent denial, together with real and material concerns about the reliability of the complainant's statements given sustained parental suspicion, repeated questioning and inconsistent recall by a key witness, created reasonable doubt.

Court Disposition

Acquitted (Not guilty)