R. v. Shaw

R. v. Shaw

Judge found complainants RS and JB credible and the accused not credible on core matters; Crown proved beyond a reasonable doubt counts 1 and 2 (RS) and counts 5 and 6 (JB); with respect to MA the Crown failed to prove sexual assault/sexual interference beyond a reasonable doubt but proved the lesser included offence of assault for conduct continuing after a warning; words uttered to JB did not amount to invitation to sexual touching beyond a reasonable doubt; publication ban ordered under ss.486.4/486.5.

Citation
2023 NSSC 152
Parties
Crown: His Majesty the King; Accused: John Stanley Shaw
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 May 2023
Procedural Posture
Criminal Sexual Offences / Trial Judgment (verdict)
Outcome
Convicted on Counts 1 (sexual assault RS) and 2 (sexual interference RS); convicted on Counts 5 (sexual assault JB) and 6 (sexual interference JB); convicted of assault (lesser included) on Count 3 (MA); acquitted on Counts 4 (sexual interference MA) and 7 (invitation to sexual touching JB); publication ban imposed...
Legal Topics
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Assault, Credibility Assessment, W.(d.) Framework, Section 486.4/486.5 Publication Ban
Source Language
English
Criminal Law Evidence Child Protection Publication Bans Sexual Assault Sexual Interference Invitation to Sexual Touching Assault +3 more

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Parties

His Majesty the King

Crown

John Stanley Shaw

Accused

Procedural Posture

Criminal Sexual Offences / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the accused committed sexual assault and sexual interference against RS, MA and JB
  2. 2 Whether touching was sexual in nature (objective test) for sexual assault
  3. 3 Whether touching was for a sexual purpose (subjective intent) for sexual interference

Ratio Decidendi

Judge found complainants RS and JB credible and the accused not credible on core matters; Crown proved beyond a reasonable doubt counts 1 and 2 (RS) and counts 5 and 6 (JB); with respect to MA the Crown failed to prove sexual assault/sexual interference beyond a reasonable doubt but proved the lesser included offence of assault for conduct continuing after a warning; words uttered to JB did not amount to invitation to sexual touching beyond a reasonable doubt; publication ban ordered under ss.486.4/486.5.

Court Disposition

Convicted on Counts 1 (sexual assault RS) and 2 (sexual interference RS); convicted on Counts 5 (sexual assault JB) and 6 (sexual interference JB); convicted of assault (lesser included) on Count 3 (MA); acquitted on Counts 4 (sexual interference MA) and 7 (invitation to sexual touching JB); publication ban imposed...

Orders

  • Publication ban prohibiting publication of information that could identify the victims or witnesses pursuant to Criminal Code ss.486.4 and 486.5
  • Accused found guilty on specified counts; matter remitted for sentencing proceedings