R. v. Spencer

R. v. Spencer

Judge found actus reus and mens rea established (intentional sexual touching) but Crown failed to prove lack of consent beyond a reasonable doubt due to significant concerns about the complainant's credibility and reliability on key facts; under W.(D.) and standard of proof principles this left a reasonable doubt and required acquittal of the accused.

Citation
2022 NSSC 288
Parties
Crown: Her Majesty the Queen; Accused: Brandon John Spencer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 October 2022
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Judge Alone Trial; Verdict (acquittal)
Outcome
Accused Brandon John Spencer found not guilty (acquitted) of sexual assault contrary to s.271 of the Criminal Code
Legal Topics
Sexual Assault, Consent, Burden of Proof, Credibility and Reliability, Section 276 (sexual History Evidence), Mistrial, Publication Ban, Digital Evidence (facebook Messenger)
Source Language
English
Criminal Law Sexual Offences Evidence Law Constitutional Law Sexual Assault Consent Burden of Proof Credibility and Reliability +4 more

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Parties

Her Majesty the Queen

Crown

Brandon John Spencer

Accused

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Judge Alone Trial; Verdict (acquittal)

Legal Issues

  1. 1 Whether the complainant voluntarily consented to the sexual activity
  2. 2 Assessment of credibility and reliability of complainant and accused
  3. 3 Admissibility and use of prior sexual communications under s.276

Ratio Decidendi

Judge found actus reus and mens rea established (intentional sexual touching) but Crown failed to prove lack of consent beyond a reasonable doubt due to significant concerns about the complainant's credibility and reliability on key facts; under W.(D.) and standard of proof principles this left a reasonable doubt and required acquittal of the accused.

Court Disposition

Accused Brandon John Spencer found not guilty (acquitted) of sexual assault contrary to s.271 of the Criminal Code

Orders

  • Accused Brandon John Spencer acquitted of the charge of sexual assault (s.271 Criminal Code)
  • Publication restrictions in place under s.486.4 and s.539(1) of the Criminal Code