R. v. Gillis

R. v. Gillis

The complainant was found highly credible based on a pristine identification procedure, consistent contemporaneous reactions from friends, corroborating circumstances and the accused's placement of himself with the complainant; the defence denial and expert evidence of erectile dysfunction lacked sufficient foundation to raise reasonable doubt; accordingly the Crown proved sexual assault beyond a reasonable doubt and also proved the offence of supplying liquor to minors based on the transaction and appearance of the youths.

Citation
2012 NSPC 122
Parties
Crown/prosecution: Her Majesty the Queen; Intervener: Town of New Glasgow; Accused/defendant: Terrance Allan Gillis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 July 2012
Procedural Posture
Criminal / Trial Verdict
Outcome
Guilty on count 1 (sexual assault contrary to s.271 Criminal Code) and guilty on count 2 (supply of liquor to person under 19 contrary to Liquor Control Act s.89(1)); sentencing to be scheduled; bail continued.
Legal Topics
Sexual Assault, Supply of Alcohol to Minors, Publication Ban, Identification Evidence, Expert Evidence, Credibility and Evidence Assessment
Source Language
English
Criminal Law Provincial Regulatory Law Sexual Assault Supply of Alcohol to Minors Publication Ban Identification Evidence Expert Evidence Credibility and Evidence Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown/prosecution

Town of New Glasgow

Intervener

Terrance Allan Gillis

Accused/defendant

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271 Criminal Code
  2. 2 Whether the accused supplied liquor to a person under 19 contrary to Liquor Control Act s.89(1)
  3. 3 Admissibility and proper use of statements and identification evidence

Ratio Decidendi

The complainant was found highly credible based on a pristine identification procedure, consistent contemporaneous reactions from friends, corroborating circumstances and the accused's placement of himself with the complainant; the defence denial and expert evidence of erectile dysfunction lacked sufficient foundation to raise reasonable doubt; accordingly the Crown proved sexual assault beyond a reasonable doubt and also proved the offence of supplying liquor to minors based on the transaction and appearance of the youths.

Court Disposition

Guilty on count 1 (sexual assault contrary to s.271 Criminal Code) and guilty on count 2 (supply of liquor to person under 19 contrary to Liquor Control Act s.89(1)); sentencing to be scheduled; bail continued.

Orders

  • Publication ban: identity of complainant prohibited from publication pursuant to s.486.4 of the Criminal Code
  • Accused found guilty on both counts; sentencing date to be scheduled