R. v. Paul

The trial judge accepted the complainant's account as credible on the whole despite intoxication and some inconsistencies, found the corroborating witness's identification of the accused reliable, and concluded the Crown proved the elements of sexual assault under s.271 beyond a reasonable doubt; the accused was convicted on that count and acquitted on the unlawful confinement charge.

Citation: 2019 NSSC 170
Parties: Crown: Her Majesty the Queen; Accused: Sylvester Paul, Jr.
Court: Supreme Court of Nova Scotia
Jurisdiction: Canada
Judgment Date: 8 May 2019
Procedural Posture: Criminal Sexual Assault / Trial Judgment
Outcome: Accused found guilty of sexual assault contrary to s.271 of the Criminal Code; acquitted of unlawful confinement contrary to s.279(2).
Legal Topics: Sexual Assault, Consent, Identification, Credibility, Intoxication
Source Language: English

Criminal Law Sexual Offences Sexual Assault Consent Identification Credibility Intoxication

Case Brief

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Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Her Majesty the Queen

Crown

Sylvester Paul, Jr.

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

1 Whether the Crown proved sexual assault contrary to s.271 beyond a reasonable doubt
2 Whether the complainant's intoxication and inconsistent statements undermined credibility
3 Reliability of corroborating witness identification under adverse conditions

Ratio Decidendi

Court Disposition

Accused found guilty of sexual assault contrary to s.271 of the Criminal Code; acquitted of unlawful confinement contrary to s.279(2).

Orders

Guilty verdict on count of sexual assault contrary to s.271 of the Criminal Code
Not guilty verdict on count of unlawful confinement contrary to s.279(2) of the Criminal Code