R. v. J.S.H.

R. v. J.S.H.

Appeal allowed because there was no evidence establishing that an indecent assault formed part of the actus reus of the offence charged and the conviction was based on unrelated hearsay; therefore conviction under s.662 could not stand and conviction and sentence were quashed.

Source-derived case information.

Citation
1993 NSCA 94
Parties
Appellant/respondent: J. S. H.; Respondent/appellant: Her Majesty the Queen
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
17 March 1993
Procedural Posture
Criminal Appeal / Court of Appeal Decision on Appeal From Conviction; Appeal Allowed and Conviction Quashed
Outcome
Appeal allowed; conviction and sentence quashed
Legal Topics
Sexual Assault, Anal Intercourse (s.159), Included Offences (s.662), Hearsay, Actus Reus, Sufficiency of Evidence
Source Language
english
Criminal Law Evidence Sexual Assault Anal Intercourse (s.159) Included Offences (s.662) Hearsay Actus Reus Sufficiency of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

J. S. H.

Appellant/respondent

Her Majesty the Queen

Respondent/appellant

Procedural Posture

Criminal Appeal / Court of Appeal Decision on Appeal From Conviction; Appeal Allowed and Conviction Quashed

Legal Issues

  1. 1 Whether there was lawful and sufficient evidence to support conviction for an included offence
  2. 2 Whether evidence admitted as hearsay could establish the requisite actus reus
  3. 3 Whether s.662 permits conviction on evidence unrelated to the offence charged

Ratio Decidendi

Appeal allowed because there was no evidence establishing that an indecent assault formed part of the actus reus of the offence charged and the conviction was based on unrelated hearsay; therefore conviction under s.662 could not stand and conviction and sentence were quashed.

Court Disposition

Appeal allowed; conviction and sentence quashed

Orders

  • Appeal allowed; conviction and sentence quashed