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
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Parties
The Queen
Crown
Lino Pasquale Patruno
Accused
Procedural Posture
Criminal Sexual Assault / Trial Judgment (guilty)
Legal Issues
- 1 Whether the accused committed sexual assaults on the two complainants
- 2 Assessment of credibility and reliability of witnesses
- 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)
Full Case Text
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