R. v. M (CJP)

R. v. M (CJP)

On the whole of the evidence the trial judge found JM and CH credible and their accounts corroborated each other and external evidence; JM was intoxicated but clearly communicated lack of consent, CH observed the accused engaging in non-consensual intercourse, and therefore the Crown proved beyond a reasonable doubt that the accused committed sexual assault contrary to s.271 of the Criminal Code.

Citation
2022 NSSC 253
Parties
Crown: Her Majesty the Queen; Accused: CJPM
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 September 2022
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Accused (CJPM) convicted of sexual assault contrary to s.271, Criminal Code
Legal Topics
Sexual Assault, Consent, Honest But Mistaken Belief in Consent, Circumstantial Evidence, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Honest But Mistaken Belief in Consent Circumstantial Evidence Credibility Assessment +1 more

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Parties

Her Majesty the Queen

Crown

CJPM

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether the complainant and witness testimony was credible and corroborated
  3. 3 Effect of complainant's intoxication and prescription medication on consent and memory

Ratio Decidendi

On the whole of the evidence the trial judge found JM and CH credible and their accounts corroborated each other and external evidence; JM was intoxicated but clearly communicated lack of consent, CH observed the accused engaging in non-consensual intercourse, and therefore the Crown proved beyond a reasonable doubt that the accused committed sexual assault contrary to s.271 of the Criminal Code.

Court Disposition

Accused (CJPM) convicted of sexual assault contrary to s.271, Criminal Code

Orders

  • Convicted of sexual assault (Criminal Code s.271) on or about August 5, 2019 at Lucasville, Nova Scotia
  • Publication ban in place pursuant to Criminal Code ss.486.4 and 486.5: any information identifying the complainant, victim or witness shall not be published or broadcast