R. v. M.M.
Judge accepted accused's account and found the contact (brief shoulder kiss and momentary lap-sitting) was affectionate/comforting, not for a sexual purpose; Crown failed to prove all elements beyond a reasonable doubt, therefore acquittal was required.
- Citation
- 2002 NSPC 37
- Parties
- Crown: Her Majesty the Queen; Accused: M. M.
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 5 July 2002
- Procedural Posture
- Criminal Sexual Assault and Sexual Interference / Trial Decision (acquittal)
- Outcome
- Acquitted - accused found not guilty of sexual assault and sexual interference
- Legal Topics
- Sexual Assault, Sexual Interference, Child Witness Credibility, Touching for Sexual Purpose, Reasonable Doubt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
M. M.
Accused
Procedural Posture
Criminal Sexual Assault and Sexual Interference / Trial Decision (acquittal)
Legal Issues
- 1 Did the accused touch S. for a sexual purpose?
- 2 Are the child complainant's statements sufficiently credible to prove the offences beyond a reasonable doubt?
Ratio Decidendi
Judge accepted accused's account and found the contact (brief shoulder kiss and momentary lap-sitting) was affectionate/comforting, not for a sexual purpose; Crown failed to prove all elements beyond a reasonable doubt, therefore acquittal was required.
Court Disposition
Acquitted - accused found not guilty of sexual assault and sexual interference
Orders
- Accused acquitted of all charges
- Entry of acquittals on the record
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