R. v. Preston
On the evidence as a whole — including the complainant’s consistent assertion of non‑consent at the time of intercourse, corroborative accusatory text messages by the complainant and apologetic admissions by the accused, conflicts between the accused’s police statement and trial testimony, and the absence of reasonable grounds for an honest but mistaken belief in communicated consent — the Crown proved beyond a reasonable doubt that the accused committed sexual assault; the accused’s explanations were not credible and he failed to take reasonable steps to ascertain consent.
- Citation
- 2021 NSSC 212
- Parties
- Crown: Her Majesty the Queen; Accused: Kyle James Preston
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2021
- Procedural Posture
- Criminal (sexual Assault) / Trial Decision
- Outcome
- Convicted of sexual assault (s.271 Criminal Code)
- Legal Topics
- Sexual Assault, Consent, Mens Rea Honest But Mistaken Belief in Communicated Consent, Admissions / Hearsay, Credibility and Reliability, Reasonable Doubt, Use of Electronic Communications as Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Kyle James Preston
Accused
Procedural Posture
Criminal (sexual Assault) / Trial Decision
Legal Issues
- 1 Whether the complainant consented to unprotected vaginal intercourse
- 2 Whether the accused honestly but mistakenly believed consent had been communicated
- 3 Reliability and weight of text message admissions
Ratio Decidendi
On the evidence as a whole — including the complainant’s consistent assertion of non‑consent at the time of intercourse, corroborative accusatory text messages by the complainant and apologetic admissions by the accused, conflicts between the accused’s police statement and trial testimony, and the absence of reasonable grounds for an honest but mistaken belief in communicated consent — the Crown proved beyond a reasonable doubt that the accused committed sexual assault; the accused’s explanations were not credible and he failed to take reasonable steps to ascertain consent.
Court Disposition
Convicted of sexual assault (s.271 Criminal Code)
Full Case Text
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