R. v. D.D.S.

R. v. D.D.S.

On the totality of the evidence the judge accepted the complainant's account as credible notwithstanding immaterial inconsistencies, found portions of the accused's videotaped statement inconsistent with his denial, found the accused had the opportunity to commit the acts, and concluded the Crown proved beyond a reasonable doubt that the accused intentionally touched the complainant with his hands and penis for a sexual purpose and that she did not consent; accordingly the accused was guilty under s.151 and s.271(1)(a).

Citation
2004 NSSC 276
Parties
Crown: Her Majesty The Queen; Accused: D. D. S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 December 2004
Procedural Posture
Criminal Sexual Offences / Trial (oral Judgment)
Outcome
Accused found guilty on both counts (convicted of offences under s.151 and s.271(1)(a) of the Criminal Code)
Legal Topics
Sexual Assault, Touching for a Sexual Purpose (s.151), Credibility of Child Witness, Publication Ban (s.486.3, S.539)
Source Language
English
Criminal Law Evidence Child Protection Sexual Assault Touching for a Sexual Purpose (s.151) Credibility of Child Witness Publication Ban (s.486.3, S.539)

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Parties

Her Majesty The Queen

Crown

D. D. S.

Accused

Procedural Posture

Criminal Sexual Offences / Trial (oral Judgment)

Legal Issues

  1. 1 Whether the accused committed sexual touching of a person under 14 contrary to s.151
  2. 2 Whether the accused committed sexual assault contrary to s.271(1)(a)
  3. 3 Whether the Crown proved guilt beyond a reasonable doubt given inconsistencies in the complainant's evidence

Ratio Decidendi

On the totality of the evidence the judge accepted the complainant's account as credible notwithstanding immaterial inconsistencies, found portions of the accused's videotaped statement inconsistent with his denial, found the accused had the opportunity to commit the acts, and concluded the Crown proved beyond a reasonable doubt that the accused intentionally touched the complainant with his hands and penis for a sexual purpose and that she did not consent; accordingly the accused was guilty under s.151 and s.271(1)(a).

Court Disposition

Accused found guilty on both counts (convicted of offences under s.151 and s.271(1)(a) of the Criminal Code)

Orders

  • Convicted of offence contrary to s.151 of the Criminal Code (sexual touching of person under 14)
  • Convicted of offence contrary to s.271(1)(a) of the Criminal Code (sexual assault)