R. v. Pleasant-Sampson

R. v. Pleasant-Sampson

The Crown failed to prove the offence beyond a reasonable doubt because the trial judge rejected key aspects of the Crown witnesses' testimony as not credible or implausible, accepted the defence and guidance counsellor evidence that the accused patted and bandaged two outer thigh abrasions during a brief lawful first aid treatment and did not touch the complainant's vagina or buttocks, and the inconsistencies and implausibilities in the Crown evidence created reasonable doubt; accordingly the accused was acquitted.

Citation
2023 NSPC 61
Parties
Crown: His Majesty the King; Accused/defendant: Jason Lee Pleasant-Sampson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 December 2023
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment (acquittal)
Outcome
Acquitted - not guilty (charge under s.271 dismissed)
Legal Topics
Sexual Assault, Burden of Proof Beyond Reasonable Doubt, Credibility Assessment, W.(d.) Principle, Publication Ban S.486.4 Criminal Code
Source Language
English
Criminal Law Sexual Offences Evidence Law Procedure Sexual Assault Burden of Proof Beyond Reasonable Doubt Credibility Assessment W.(d.) Principle +1 more

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Parties

His Majesty the King

Crown

Jason Lee Pleasant-Sampson

Accused/defendant

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Did the accused commit sexual assault contrary to s.271 of the Criminal Code?
  2. 2 Did the Crown prove every element of the offence beyond a reasonable doubt?
  3. 3 Are the complainant and witness testimony sufficiently credible and reliable?

Ratio Decidendi

The Crown failed to prove the offence beyond a reasonable doubt because the trial judge rejected key aspects of the Crown witnesses' testimony as not credible or implausible, accepted the defence and guidance counsellor evidence that the accused patted and bandaged two outer thigh abrasions during a brief lawful first aid treatment and did not touch the complainant's vagina or buttocks, and the inconsistencies and implausibilities in the Crown evidence created reasonable doubt; accordingly the accused was acquitted.

Court Disposition

Acquitted - not guilty (charge under s.271 dismissed)

Orders

  • Accused acquitted; conviction not entered
  • Publication ban granted under s.486.4 Criminal Code: reporting that would identify victim or witnesses is prohibited without leave of the court