R. v. CB

R. v. CB

The trial judge accepted the complainant's evidence as credible and reliable, found alleged inconsistencies minor and explained by context, concluded M.B.'s contrary testimony did not create a reasonable doubt about opportunity or frequency, and found FaceTime and text communications corroborative and intended to facilitate sexual touching; therefore the Crown proved beyond a reasonable doubt the elements of s.151, s.152, s.271 and s.172.1(1)(b), and the accused was convicted on those counts.

Citation
2022 NSPC 48
Parties
Prosecution: His Majesty the King; Accused: C.B.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 August 2022
Procedural Posture
Criminal / Trial Decision (conviction)
Outcome
Accused found guilty on Counts 1 (s.151), 2 (s.152), 3 (s.271) and 5 (s.172.1(1)(b)); Count 4 was dismissed by Crown at trial.
Legal Topics
Sexual Assault, Touching for a Sexual Purpose (s.151), Invitation to Touch (s.152), Luring Via Telecommunication (s.172.1(1)(b)), Credibility and Reliability of Complainant, Grooming and Facilitation
Source Language
English
Criminal Law Sex Offences Evidence Sexual Assault Touching for a Sexual Purpose (s.151) Invitation to Touch (s.152) Luring Via Telecommunication (s.172.1(1)(b)) Credibility and Reliability of Complainant +1 more

Case Brief

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Parties

His Majesty the King

Prosecution

C.B.

Accused

Procedural Posture

Criminal / Trial Decision (conviction)

Legal Issues

  1. 1 Whether the complainant's testimony is credible and reliable to prove the alleged sexual offences beyond a reasonable doubt
  2. 2 Whether M.B.'s testimony about opportunity and frequency creates a reasonable doubt
  3. 3 Whether FaceTime and text communications constituted communications for the purpose of facilitating the offence under s.172.1(1)(b)

Ratio Decidendi

The trial judge accepted the complainant's evidence as credible and reliable, found alleged inconsistencies minor and explained by context, concluded M.B.'s contrary testimony did not create a reasonable doubt about opportunity or frequency, and found FaceTime and text communications corroborative and intended to facilitate sexual touching; therefore the Crown proved beyond a reasonable doubt the elements of s.151, s.152, s.271 and s.172.1(1)(b), and the accused was convicted on those counts.

Court Disposition

Accused found guilty on Counts 1 (s.151), 2 (s.152), 3 (s.271) and 5 (s.172.1(1)(b)); Count 4 was dismissed by Crown at trial.

Orders

  • Convicted on Counts 1, 2, 3 and 5.
  • Count 4 dismissed.