R. v. D.F.

R. v. D.F.

On the whole of the evidence the Crown failed to prove the offences beyond a reasonable doubt because material inconsistencies, evidence placing some alleged incidents outside the indictment period, and the credible denial by the accused when weighed under the W.D. framework left a reasonable doubt; accordingly the accused is acquitted.

Citation
2023 NSSC 295
Parties
Crown: Her Majesty the Queen; Accused: DF
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 September 2023
Procedural Posture
Criminal Sexual Offences / Trial Judgment (acquittal)
Outcome
Acquitted of all charges
Legal Topics
Sexual Interference (s.151), Sexual Exploitation (s.153), Incitement to Sexual Touching (s.152), Sexual Assault (s.271), Publication Bans (ss.486.4, 486.5), Credibility and Burden of Proof, Assessing Testimony of Accused (w.d. Principle)
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Interference (s.151) Sexual Exploitation (s.153) Incitement to Sexual Touching (s.152) Sexual Assault (s.271) Publication Bans (ss.486.4,486.5) +2 more

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Parties

Her Majesty the Queen

Crown

DF

Accused

Procedural Posture

Criminal Sexual Offences / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether Crown proved charges beyond a reasonable doubt
  2. 2 Assessment of complainant credibility given multiple inconsistencies and delay
  3. 3 Application of W.D. principle when accused testifies

Ratio Decidendi

On the whole of the evidence the Crown failed to prove the offences beyond a reasonable doubt because material inconsistencies, evidence placing some alleged incidents outside the indictment period, and the credible denial by the accused when weighed under the W.D. framework left a reasonable doubt; accordingly the accused is acquitted.

Court Disposition

Acquitted of all charges

Orders

  • Accused acquitted on all counts
  • Publication ban imposed under ss.486.4 and 486.5 of the Criminal Code (as noted in file)