R. v. L.J.J.

R. v. L.J.J.

Applying W.(D) and related authorities, the trial judge found the complainant credible in parts but overall was left with a reasonable doubt as to whether the accused touched the complainant as alleged; because the Crown did not prove guilt beyond a reasonable doubt the accused was acquitted.

Citation
2006 NSSC 98
Parties
Prosecutor: Her Majesty The Queen; Accused: L.J.J.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2006
Procedural Posture
Criminal / Judgment (oral)
Outcome
Not guilty on all charges
Legal Topics
Sexual Assault, Sexual Interference With Person Under 14, Evidence and Credibility, Publication Ban S.486(3) Criminal Code
Source Language
English
Criminal Law Sexual Assault Sexual Interference With Person Under 14 Evidence and Credibility Publication Ban S.486(3) Criminal Code

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Parties

Her Majesty The Queen

Prosecutor

L.J.J.

Accused

Procedural Posture

Criminal / Judgment (oral)

Legal Issues

  1. 1 Whether the accused touched the complainant as alleged
  2. 2 Credibility of the child complainant and other witnesses
  3. 3 Whether the Crown proved each essential element beyond a reasonable doubt

Ratio Decidendi

Applying W.(D) and related authorities, the trial judge found the complainant credible in parts but overall was left with a reasonable doubt as to whether the accused touched the complainant as alleged; because the Crown did not prove guilt beyond a reasonable doubt the accused was acquitted.

Court Disposition

Not guilty on all charges

Orders

  • Accused found not guilty of sexual assault contrary to s.271(1)(a) and of touching for a sexual purpose contrary to s.151 Criminal Code
  • Publication ban: identity of the complainant and any information that could disclose her identity is restricted pursuant to s.486(3) of the Criminal Code