R v. A. M.

R v. A. M.

The Crown did not prove the identity of the accused beyond a reasonable doubt because the complainant's identification was unreliable: descriptions evolved, she admitted she did not see the accused's face, she relied on the 'shape of his head' and voice, and her perception was impaired by significant alcohol consumption and the passage of nearly 40 years; these factors created a reasonable doubt requiring acquittal.

Citation
2021 NSSC 349
Parties
Prosecution: Her Majesty the Queen; Defendant: A. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 November 2021
Procedural Posture
Criminal Sexual Assault / Trial (guilt Determination)
Outcome
Accused acquitted
Legal Topics
Identification Evidence, Historic Sexual Assault, Burden of Proof, Delay in Reporting, Publication Ban
Source Language
English
Criminal Law Sexual Assault Identification Evidence Historic Sexual Assault Burden of Proof Delay in Reporting Publication Ban

Case Brief

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Parties

Her Majesty the Queen

Prosecution

A. M.

Defendant

Procedural Posture

Criminal Sexual Assault / Trial (guilt Determination)

Legal Issues

  1. 1 Whether the Crown proved the identity of the accused beyond a reasonable doubt
  2. 2 Reliability of the complainant's recollection after a long delay
  3. 3 Effect of intoxication on perception and memory

Ratio Decidendi

The Crown did not prove the identity of the accused beyond a reasonable doubt because the complainant's identification was unreliable: descriptions evolved, she admitted she did not see the accused's face, she relied on the 'shape of his head' and voice, and her perception was impaired by significant alcohol consumption and the passage of nearly 40 years; these factors created a reasonable doubt requiring acquittal.

Court Disposition

Accused acquitted

Orders

  • Accused acquitted of the charge
  • Publication ban ordered under ss.486.4 and 486.5 of the Criminal Code