R v Muirhead

R v Muirhead

Both complainant and accused were found reasonably credible and reliable, but the Crown's failure to call two material witnesses (the investigator and the backseat passenger Alex) left a significant absence of evidence on the critical issue of communicated consent, creating a reasonable doubt and mandating an acquittal.

Citation
2025 NSPC 18
Parties
Crown/prosecution: His Majesty the King; Accused: Courtney (aka Damion) Muirhead
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 July 2025
Procedural Posture
Criminal / Trial Decision (summary Conviction Election, Second Trial; First Trial Mistrial)
Outcome
Not guilty (acquittal)
Legal Topics
Sexual Assault, Consent, Credibility Assessment, Reasonable Doubt, Missing Witnesses, Prior Statements, Stereotypes and Implicit Bias, Interpreter Use, W(d) Analysis
Source Language
English
Criminal Law Sexual Offences Evidence Law Publication Restriction Sexual Assault Consent Credibility Assessment Reasonable Doubt +5 more

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Parties

His Majesty the King

Crown/prosecution

Courtney (aka Damion) Muirhead

Accused

Procedural Posture

Criminal / Trial Decision (summary Conviction Election, Second Trial; First Trial Mistrial)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that JW did not consent to sexual contact by Mr Muirhead under s.271 Criminal Code
  2. 2 Whether JW was asleep and therefore incapable of consenting
  3. 3 Assessment of competing credibility of complainant and accused

Ratio Decidendi

Both complainant and accused were found reasonably credible and reliable, but the Crown's failure to call two material witnesses (the investigator and the backseat passenger Alex) left a significant absence of evidence on the critical issue of communicated consent, creating a reasonable doubt and mandating an acquittal.

Court Disposition

Not guilty (acquittal)

Orders

  • Publication ban under Criminal Code s.486.4 prohibiting publication of any information that could identify the complainant
  • Recorded reasons for acquittal entered and released (with identifying information removed)