R. v. D.A.B.

R. v. D.A.B.

The Crown failed to prove the essential elements of sexual assault beyond a reasonable doubt because the complainant's testimony contained significant inconsistencies and lacked persuasive supporting evidence, and the accused's testimony was consistent with the probabilities and other evidence, leaving the court with reasonable doubt.

Citation
2002 NSPC 35
Parties
Crown: Her Majesty the Queen; Accused: D. A. B.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 November 2002
Procedural Posture
Criminal Sexual Assault (child) / Trial Verdict (acquittal)
Outcome
Not guilty; acquittal entered.
Legal Topics
Sexual Assault, Child Sexual Abuse, Witness Credibility, Burden of Proof, Acquittal
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Child Sexual Abuse Witness Credibility Burden of Proof Acquittal

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Parties

Her Majesty the Queen

Crown

D. A. B.

Accused

Procedural Posture

Criminal Sexual Assault (child) / Trial Verdict (acquittal)

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether the complainant's testimony was credible and reliable
  3. 3 Whether inconsistencies and lack of corroboration raised reasonable doubt

Ratio Decidendi

The Crown failed to prove the essential elements of sexual assault beyond a reasonable doubt because the complainant's testimony contained significant inconsistencies and lacked persuasive supporting evidence, and the accused's testimony was consistent with the probabilities and other evidence, leaving the court with reasonable doubt.

Court Disposition

Not guilty; acquittal entered.

Orders

  • Accused found not guilty and acquitted.