R. v. Patruno

R. v. Patruno

The trial judge found the two complainants credible and reliable as to the Chester incident, rejected the accused's denials and theory of fabrication, and held that the Crown proved beyond a reasonable doubt that the sexual assaults described by the complainants occurred (both counts related to the Chester incident), warranting convictions on both counts.

Citation
2004 NSSC 216
Parties
Crown: The Queen; Accused: Lino Pasquale Patruno
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 June 2004
Procedural Posture
Criminal Sexual Assault / Trial Judgment (guilty)
Outcome
Guilty on both counts (sexual assault)
Legal Topics
Sexual Assault, Credibility Assessment, Children Witnesses, Reasonable Doubt
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Crown

Lino Pasquale Patruno

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (guilty)

  1. 1 Whether the accused committed sexual assaults on the two complainants
  2. 2 Assessment of credibility and reliability of witnesses
  3. 3 Whether the Crown proved the charges beyond a reasonable doubt

Ratio Decidendi

The trial judge found the two complainants credible and reliable as to the Chester incident, rejected the accused's denials and theory of fabrication, and held that the Crown proved beyond a reasonable doubt that the sexual assaults described by the complainants occurred (both counts related to the Chester incident), warranting convictions on both counts.

Court Disposition

Guilty on both counts (sexual assault)

Orders

  • Accused found guilty on both counts of sexual assault
  • Publication ban under s.486.3 Criminal Code (identity of victims)