R. v. Moore

R. v. Moore

The judge found reasonable doubt that the complainant subjectively did not consent because the surveillance video and witness evidence undermined the credibility and reliability of her testimony; even accepting a power imbalance from part-ownership, the Crown did not prove beyond a reasonable doubt that the accused abused that position to induce the kisses, so consent was not vitiated and the accused was acquitted.

Citation
2020 NSPC 3
Parties
Crown: Her Majesty the Queen; Accused: Robert Moore
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Criminal Sexual Assault / Trial Decision
Outcome
Not guilty
Legal Topics
Sexual Assault, Consent, Vitiation of Consent, Abuse of Position of Authority, Evidence Credibility and Surveillance Video, Publication Ban
Source Language
English
Criminal Law Sexual Assault Consent Vitiation of Consent Abuse of Position of Authority Evidence Credibility and Surveillance Video Publication Ban

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Robert Moore

Accused

Procedural Posture

Criminal Sexual Assault / Trial Decision

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the complainant did not consent to the kisses
  2. 2 Whether any consent was vitiated by the accused abusing a position of trust, power or authority (s.273.1(2)(c))
  3. 3 Whether the accused induced consent by abusing his position as part-owner of the restaurant

Ratio Decidendi

The judge found reasonable doubt that the complainant subjectively did not consent because the surveillance video and witness evidence undermined the credibility and reliability of her testimony; even accepting a power imbalance from part-ownership, the Crown did not prove beyond a reasonable doubt that the accused abused that position to induce the kisses, so consent was not vitiated and the accused was acquitted.

Court Disposition

Not guilty

Orders

  • Accused found not guilty of sexual assault contrary to s.271 of the Criminal Code
  • Publication ban pursuant to s.486.4 Criminal Code prohibiting identification of the complainant