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
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Jeffrey William DeYoung
Accused
Procedural Posture
Criminal / Trial Decision (guilty)
Legal Issues
- 1 Whether the Crown proved beyond a reasonable doubt that the accused inserted his penis into the complainant's anus
- 2 Whether the complainant consented to the sexual contact
- 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
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