R. v. Ahsan
Although the complainant had capacity to consent, significant credibility and reliability issues (intoxication, faded and inconsistent recollections, conflicting evidence) left the judge with a reasonable doubt on the critical issue of consent; accordingly the accused was acquitted of sexual assault.
- Citation
- 2021 NSSC 239
- Parties
- Crown: Her Majesty the Queen; Accused: Shuntaro Ahsan
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 27 August 2021
- Procedural Posture
- Criminal Sexual Assault / Trial Decision
- Outcome
- Acquitted
- Legal Topics
- Sexual Assault, Consent, Capacity to Consent, Intoxication, Credibility and Reliability, DNA Evidence, SANE Examination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Shuntaro Ahsan
Accused
Procedural Posture
Criminal Sexual Assault / Trial Decision
Legal Issues
- 1 Whether the complainant consented to the sexual activity
- 2 Whether the complainant lacked capacity to consent due to intoxication
- 3 Assessment of credibility and reliability of complainant and accused
Ratio Decidendi
Although the complainant had capacity to consent, significant credibility and reliability issues (intoxication, faded and inconsistent recollections, conflicting evidence) left the judge with a reasonable doubt on the critical issue of consent; accordingly the accused was acquitted of sexual assault.
Court Disposition
Acquitted
Full Case Text
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