R. v. DeYoung

R. v. DeYoung

The Crown proved beyond a reasonable doubt that the accused inserted his penis into the complainant's anus; the complainant's evidence was credible and consistent with human experience while the accused's account was implausible and did not raise a reasonable doubt, leading to a guilty finding.

Citation
2019 NSSC 401
Parties
Crown: Her Majesty the Queen; Accused: Jeffrey William DeYoung
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 December 2019
Procedural Posture
Criminal / Trial Decision (guilty)
Outcome
Guilty
Legal Topics
Sexual Assault, Consent, Burden of Proof, Credibility, Reasonable Doubt, Intoxication and Memory
Source Language
English

Case Brief

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Parties

Her Majesty the Queen

Crown

Jeffrey William DeYoung

Accused

Procedural Posture

Criminal / Trial Decision (guilty)

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused inserted his penis into the complainant's anus
  2. 2 Whether the complainant consented to the sexual contact
  3. 3 Whether the accused's evidence raised a reasonable doubt

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused inserted his penis into the complainant's anus; the complainant's evidence was credible and consistent with human experience while the accused's account was implausible and did not raise a reasonable doubt, leading to a guilty finding.

Court Disposition

Guilty

Orders

  • Accused found guilty of the offence as charged (sexual assault by anal penetration)
  • Publication ban pursuant to s.486.4, s.486.5 and s.539(1) of the Criminal Code