R. v. Mullen

R. v. Mullen

The court found the accused's account credible and could not reject it; the complainant's evidence, while credible, produced a level of confidence comparable to the accused's, creating a reasonable doubt under the W.(D.) framework; accordingly the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.

Citation
2022 NSPC 21
Parties
Crown: Her Majesty the Queen; Accused: Bradley Steven Mullen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 June 2022
Procedural Posture
Criminal Sexual Assault / Trial Verdict
Outcome
Not guilty (acquitted)
Legal Topics
Sexual Assault, Credibility Assessment, Burden of Proof, W.(d.) Credibility Test, Publication Restriction
Source Language
English
Criminal Law Evidence Sexual Assault Credibility Assessment Burden of Proof W.(d.) Credibility Test Publication Restriction

Case Brief

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Parties

Her Majesty the Queen

Crown

Bradley Steven Mullen

Accused

Procedural Posture

Criminal Sexual Assault / Trial Verdict

Legal Issues

  1. 1 Whether the Crown proved sexual assault under s.271(1)(a) beyond a reasonable doubt
  2. 2 Which witness(es) are credible and whether the accused's testimony can be rejected
  3. 3 Application of the W.(D.) reasonable doubt/credibility framework

Ratio Decidendi

The court found the accused's account credible and could not reject it; the complainant's evidence, while credible, produced a level of confidence comparable to the accused's, creating a reasonable doubt under the W.(D.) framework; accordingly the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.

Court Disposition

Not guilty (acquitted)

Orders

  • Judgment: Not guilty
  • Publication restriction pursuant to s.486.4 of the Criminal Code