R. v. A.G.P.

R. v. A.G.P.

Although the complainant's account was found credible and compelling, the trial judge could not reject the accused's testimony as incapable of belief and concluded the accused's testimony raised a reasonable doubt; therefore the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.

Citation
2008 NSPC 13
Parties
Prosecution: Her Majesty the Queen; Defendant: A. G. P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 January 2008
Procedural Posture
Criminal Sexual Assault (s.271(1)(b) Cc) / Trial Judgment (acquittal)
Outcome
Accused acquitted of charge under s.271(1)(b) of the Criminal Code
Legal Topics
Sexual Assault, Credibility Assessment, W.d. Analysis, Reasonable Doubt, Publication Restriction
Source Language
English
Criminal Law Evidence Sexual Offences Sexual Assault Credibility Assessment W.d. Analysis Reasonable Doubt Publication Restriction

Case Brief

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Parties

Her Majesty the Queen

Prosecution

A. G. P.

Defendant

Procedural Posture

Criminal Sexual Assault (s.271(1)(b) Cc) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether the accused's testimony is capable of belief under the W.D. framework
  3. 3 Whether acceptance of the complainant's testimony permits rejection of the accused's testimony

Ratio Decidendi

Although the complainant's account was found credible and compelling, the trial judge could not reject the accused's testimony as incapable of belief and concluded the accused's testimony raised a reasonable doubt; therefore the Crown failed to prove guilt beyond a reasonable doubt and the accused was acquitted.

Court Disposition

Accused acquitted of charge under s.271(1)(b) of the Criminal Code

Orders

  • The accused A.G.P. is acquitted.
  • Publication restriction applied pursuant to Criminal Code s.486.4 (identifying information removed).