R. v. A.(B.J.)

R. v. A.(B.J.)

The trial judge accepted much of the accused's evidence, found material inconsistencies and improbabilities in the complainant's account (including that the alleged acts were unlikely given the apartment layout and exhibit 1), concluded the Crown failed to prove guilt beyond a reasonable doubt and therefore acquitted the accused on both counts.

Citation
2024 NSSC 201
Parties
Crown/prosecutor: His Majesty the King; Accused: B.J.A.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 July 2024
Procedural Posture
Criminal — Sexual Assault (indictment Under S.271 Criminal Code) / Trial — Judgment (acquittal)
Outcome
Acquitted — not guilty on both counts of sexual assault (s.271 Criminal Code)
Legal Topics
Sexual Assault, Consent, Credibility and Reliability, Reasonable Doubt, Physical Impossibility/forensic Layout, Publication Restriction (ss.486.4 and 486.5)
Source Language
English
Criminal Law Sexual Offences Evidence Publication Ban Sexual Assault Consent Credibility and Reliability Reasonable Doubt +2 more

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Parties

His Majesty the King

Crown/prosecutor

B.J.A.

Accused

Procedural Posture

Criminal — Sexual Assault (indictment Under S.271 Criminal Code) / Trial — Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed two counts of sexual assault contrary to s.271 Criminal Code
  2. 2 Whether the complainant's evidence was credible and reliable
  3. 3 Whether the accused's evidence created a reasonable doubt under the W.(D.) framework

Ratio Decidendi

The trial judge accepted much of the accused's evidence, found material inconsistencies and improbabilities in the complainant's account (including that the alleged acts were unlikely given the apartment layout and exhibit 1), concluded the Crown failed to prove guilt beyond a reasonable doubt and therefore acquitted the accused on both counts.

Court Disposition

Acquitted — not guilty on both counts of sexual assault (s.271 Criminal Code)

Orders

  • Publication ban: restriction on publication of any information that could identify the victim or witnesses pursuant to ss.486.4 and 486.5 of the Criminal Code