R. v. Mehaney
The judge accepted the complainant’s account and objective medical and forensic evidence (Traumagram, physician findings, and a DNA match) as credible and probative; the complainant withdrew consent repeatedly during the sexual encounter and suffered injuries and petechiae consistent with choking; the accused’s denials were inconsistent with the medical record and not believed, and the Crown therefore proved beyond a reasonable doubt both sexual assault causing bodily harm and that the accused choked/strangled the complainant.
- Citation
- 2026 NSPC 3
- Parties
- Crown: His Majesty the King; Accused: Aram Melvin Mehaney
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2026
- Procedural Posture
- Criminal / Trial Decision
- Outcome
- Found guilty of sexual assault causing bodily harm and sexual assault by choking/strangulation
- Legal Topics
- Sexual Assault, Choking/strangulation, Consent, Bodily Harm, DNA Evidence, Credibility Assessment, Publication Ban (s.486.4)
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
His Majesty the King
Crown
Aram Melvin Mehaney
Accused
Procedural Posture
Criminal / Trial Decision
Legal Issues
- 1 Whether the Crown proved sexual assault causing bodily harm (s.272.1(c)) beyond a reasonable doubt
- 2 Whether the Crown proved choking/suffocation/strangulation during sexual assault (s.272(1)(c.1)) beyond a reasonable doubt
- 3 Whether the complainant withdrew consent and whether the accused honestly but mistakenly believed consent continued
Ratio Decidendi
The judge accepted the complainant’s account and objective medical and forensic evidence (Traumagram, physician findings, and a DNA match) as credible and probative; the complainant withdrew consent repeatedly during the sexual encounter and suffered injuries and petechiae consistent with choking; the accused’s denials were inconsistent with the medical record and not believed, and the Crown therefore proved beyond a reasonable doubt both sexual assault causing bodily harm and that the accused choked/strangled the complainant.
Court Disposition
Found guilty of sexual assault causing bodily harm and sexual assault by choking/strangulation
Orders
- Publication ban under s.486.4 Criminal Code prohibiting identification of the complainant
- Accused convicted of offences contrary to s.272.1(c) and s.272(1)(c.1) of the Criminal Code
Full Case Text
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