R. v. Pettipas

The court found the complainant credible and that the accused intentionally touched the complainant in a sexual manner, without consent, and either knew she did not consent or was reckless/willfully blind and took no steps to ascertain consent; those findings satisfied all elements of s.271 beyond a reasonable doubt and required conviction for sexual assault.

Citation: 2016 NSPC 62
Parties: Prosecution: Her Majesty the Queen; Accused: Gregory Allan Pettipas
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 24 October 2016
Procedural Posture: Criminal Sexual Assault / Trial Verdict
Outcome: Guilty
Legal Topics: Sexual Assault, Consent, Mistake of Fact, Mens Rea, Credibility Assessment, Air of Reality Test, W(d) Direction, Vulnerable Witnesses
Source Language: English

Criminal Law Sexual Offences Evidence Trial Procedure Publication Ban Sexual Assault Consent Mistake of Fact +5 more

Case Brief

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Full judgment text Legal principles 7 Authorities cited 23 Party arguments 2

Parties

Her Majesty the Queen

Prosecution

Gregory Allan Pettipas

Accused

Procedural Posture

Criminal Sexual Assault / Trial Verdict

Legal Issues

1 Did the accused intentionally touch the complainant in a sexual manner?
2 Was there consent from the complainant at the time of the touching?
3 Did the accused have an honest but mistaken belief in consent or was he reckless/willfully blind?

Ratio Decidendi

Court Disposition

Guilty

Orders

Accused found guilty as charged under s.271 of the Criminal Code (summary conviction election).
Publication ban in effect under s.486.4 protecting the identity of the complainant.