R. v. C.R.

R. v. C.R.

Multiple, material inconsistencies in the complainant's accounts undermined her credibility and reliability such that the Crown failed to prove the essential elements of s.271 beyond a reasonable doubt; the judge believed the accused and found all sexual contact was consensual, resulting in acquittal.

Citation
2018 NSPC 78
Parties
Crown: The Queen; Accused: C.R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 December 2018
Procedural Posture
Youth Criminal Trial (sexual Assault Under S.271 Criminal Code) / Decision / Judgment (judge Alone Trial)
Outcome
Not guilty (acquitted)
Legal Topics
Sexual Assault, Consent, Credibility Assessment, Standard of Proof, Publication Restriction
Source Language
English
Criminal Law Youth Justice Sexual Assault Consent Credibility Assessment Standard of Proof Publication Restriction

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Parties

The Queen

Crown

C.R.

Accused

Procedural Posture

Youth Criminal Trial (sexual Assault Under S.271 Criminal Code) / Decision / Judgment (judge Alone Trial)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that C.R. committed sexual assault on September 29, 2017
  2. 2 Whether consent was withdrawn and whether penetration occurred
  3. 3 Assessment of credibility and reliability of the complainant versus the accused

Ratio Decidendi

Multiple, material inconsistencies in the complainant's accounts undermined her credibility and reliability such that the Crown failed to prove the essential elements of s.271 beyond a reasonable doubt; the judge believed the accused and found all sexual contact was consensual, resulting in acquittal.

Court Disposition

Not guilty (acquitted)

Orders

  • Prepare and provide a transcript of the decision to C.R.
  • Publication ban on identifying the young person pursuant to s.110 Youth Criminal Justice Act