R. v Willis

R. v Willis

Applying W.D. and assessing credibility and reliability of all evidence, the judge was left with reasonable doubt as to the accused's guilt on all charges because conflicting, irreconcilable accounts and evidentiary issues prevented the Crown from proving guilt beyond a reasonable doubt; therefore the accused was acquitted.

Citation
2022 NSSC 376
Parties
Crown: His Majesty the King; Accused: Carie Dexter Willis
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 December 2022
Procedural Posture
Criminal (sexual Assault, Breach of Trust, Inducement) / Trial Second Trial (verdict)
Outcome
Accused acquitted on all charges
Legal Topics
Sexual Assault, Breach of Trust, Threats to Induce Deportation, Credibility Assessment, Warrant Procedure, Admissibility of Police Interview
Source Language
English
Criminal Law Immigration Law Evidence Sexual Assault Breach of Trust Threats to Induce Deportation Credibility Assessment Warrant Procedure +1 more

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Parties

His Majesty the King

Crown

Carie Dexter Willis

Accused

Procedural Posture

Criminal (sexual Assault, Breach of Trust, Inducement) / Trial Second Trial (verdict)

Legal Issues

  1. 1 Whether the Crown proved the accused guilty beyond a reasonable doubt on sexual assault, inducement by threats and breach of trust charges
  2. 2 Conflicting accounts between complainant and accused and proper application of the W.D. tripartite test
  3. 3 Reliability and relevance of institutional file practices and delay in issuing a warrant

Ratio Decidendi

Applying W.D. and assessing credibility and reliability of all evidence, the judge was left with reasonable doubt as to the accused's guilt on all charges because conflicting, irreconcilable accounts and evidentiary issues prevented the Crown from proving guilt beyond a reasonable doubt; therefore the accused was acquitted.

Court Disposition

Accused acquitted on all charges