R. v. Khan

R. v. Khan

Although the trial judge found both complainant and accused to be believable, material reliability concerns (inconsistencies among witnesses, police notes, and effects of intoxication) together with accepted expert opinion on impairment created reasonable doubt on an essential element of s.271; therefore the accused was acquitted.

Citation
2022 NSSC 223
Parties
Prosecutor: Her Majesty the Queen; Accused: Dederick Eric Khan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 August 2022
Procedural Posture
Criminal Sexual Assault / Trial Judgment (acquittal)
Outcome
Acquittal of Dederick Eric Khan
Legal Topics
Sexual Assault, Consent, Intoxication and Memory, Credibility and Reliability, Expert Toxicology, Burden of Proof (w.(d.) Analysis)
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Intoxication and Memory Credibility and Reliability Expert Toxicology +1 more

Case Brief

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Parties

Her Majesty the Queen

Prosecutor

Dederick Eric Khan

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the accused touched the complainant in a sexual manner
  2. 2 Whether the complainant consented
  3. 3 Whether intoxication and cannabis use undermined complainant's reliability and memory

Ratio Decidendi

Although the trial judge found both complainant and accused to be believable, material reliability concerns (inconsistencies among witnesses, police notes, and effects of intoxication) together with accepted expert opinion on impairment created reasonable doubt on an essential element of s.271; therefore the accused was acquitted.

Court Disposition

Acquittal of Dederick Eric Khan

Orders

  • Dederick Eric Khan is acquitted of the charge of sexual assault contrary to s.271 of the Criminal Code.
  • Publication ban pursuant to Criminal Code ss.486.4 and 486.5: no information identifying the complainant, victim or witness may be published, broadcast or transmitted.