R. v. D.B.

R. v. D.B.

On the whole of the evidence the court accepted the six‑year‑old complainant as credible, rejected the accused's inconsistent testimony, found the Crown proved beyond a reasonable doubt that the accused touched the complainant's vagina and that the touching was for a sexual purpose (s.151 CC), and therefore convicted on s.151 and entered a stay on s.266 under the Kienapple principle.

Citation
2012 NSPC 78
Parties
Crown: R.; Accused: D. B.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 August 2012
Procedural Posture
Criminal Sexual Offences / Trial Verdict
Outcome
Guilty of touching a person under 16 for a sexual purpose (s.151 CC); stay of proceedings on assault count (s.266 CC) under Kienapple principle; publication ban in place under s.486.4 CC.
Legal Topics
Sexual Touching, Sexual Interference, Assault, Credibility of Child Witness, Publication Ban
Source Language
English
Criminal Law Sexual Offences Child Protection Sexual Touching Sexual Interference Assault Credibility of Child Witness Publication Ban

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R.

Crown

D. B.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Verdict

Legal Issues

  1. 1 Whether the accused committed assault contrary to s.266 of the Criminal Code
  2. 2 Whether the accused touched a person under 16 for a sexual purpose contrary to s.151 of the Criminal Code
  3. 3 Assessment of the credibility of a six‑year‑old complainant

Ratio Decidendi

On the whole of the evidence the court accepted the six‑year‑old complainant as credible, rejected the accused's inconsistent testimony, found the Crown proved beyond a reasonable doubt that the accused touched the complainant's vagina and that the touching was for a sexual purpose (s.151 CC), and therefore convicted on s.151 and entered a stay on s.266 under the Kienapple principle.

Court Disposition

Guilty of touching a person under 16 for a sexual purpose (s.151 CC); stay of proceedings on assault count (s.266 CC) under Kienapple principle; publication ban in place under s.486.4 CC.

Orders

  • Convicted on count 2: s.151 Criminal Code (touching for a sexual purpose of a person under 16)
  • Stay of count 1: s.266 Criminal Code (assault) pursuant to the Kienapple principle