R. v. C.E.G.

R. v. C.E.G.

The judge found the accused's trial explanation (accident/hand slip) contradicted his recorded police statement in which he acknowledged wrongdoing; notwithstanding that, inconsistencies and improbabilities in the complainant's timeline and conflicts among witness accounts left a reasonable doubt as to whether the touching was intentional. Because intentional application of sexual force was not proved beyond a reasonable doubt, the accused was acquitted of sexual assault.

Citation
2021 NSSC 305
Parties
Crown: Her Majesty the Queen; Accused: C.E.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 October 2021
Procedural Posture
Criminal Sexual Assault / Trial Decision (judgment on Verdict)
Outcome
Acquitted (Not guilty)
Legal Topics
Sexual Assault, Consent, Credibility Assessment, Reasonable Doubt, W.(d.) Analysis, Reliability of Testimony, Voluntariness of Statements, Publication Ban
Source Language
English
Criminal Law Evidence Sexual Assault Consent Credibility Assessment Reasonable Doubt W.(d.) Analysis Reliability of Testimony +2 more

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Parties

Her Majesty the Queen

Crown

C.E.G.

Accused

Procedural Posture

Criminal Sexual Assault / Trial Decision (judgment on Verdict)

Legal Issues

  1. 1 Whether the accused intentionally applied force of a sexual nature to the complainant
  2. 2 Whether the complainant did not consent and the accused knew of non‑consent
  3. 3 Whether the accused's trial explanation (accident/hand slipped) is credible in light of his recorded statement

Ratio Decidendi

The judge found the accused's trial explanation (accident/hand slip) contradicted his recorded police statement in which he acknowledged wrongdoing; notwithstanding that, inconsistencies and improbabilities in the complainant's timeline and conflicts among witness accounts left a reasonable doubt as to whether the touching was intentional. Because intentional application of sexual force was not proved beyond a reasonable doubt, the accused was acquitted of sexual assault.

Court Disposition

Acquitted (Not guilty)

Orders

  • Accused found not guilty of sexual assault
  • Publication ban / restriction on publication pursuant to Criminal Code ss.486.4 and 486.5