R. v. Zwicker

R. v. Zwicker

The accused's uncontradicted, straightforward denial of any sexual contact, when tested against the rest of the evidence, raised a reasonable doubt as to whether sexual contact and intercourse occurred; the Crown did not disprove that doubt beyond a reasonable doubt and the complainant's testimony about lack of consent was inconsistent with her described words and actions at the time, so conviction could not be sustained.

Citation
2010 NSPC 7
Parties
Crown: Her Majesty the Queen; Defendant: Andrew Marshall Zwicker
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 February 2010
Procedural Posture
Criminal Sexual Assault / Trial Judgment (verdict)
Outcome
Not guilty
Legal Topics
Consent, Intoxication, Credibility, Reasonable Doubt, Youth
Source Language
English
Criminal Law Sexual Assault Evidence Consent Intoxication Credibility Reasonable Doubt Youth

Case Brief

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Parties

Her Majesty the Queen

Crown

Andrew Marshall Zwicker

Defendant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that sexual contact occurred between the accused and the complainant
  2. 2 Whether the complainant consented to the sexual activity and whether she had capacity to consent given intoxication and age
  3. 3 Assessment of witness credibility and the effect of inconsistencies and potential collusion among witnesses

Ratio Decidendi

The accused's uncontradicted, straightforward denial of any sexual contact, when tested against the rest of the evidence, raised a reasonable doubt as to whether sexual contact and intercourse occurred; the Crown did not disprove that doubt beyond a reasonable doubt and the complainant's testimony about lack of consent was inconsistent with her described words and actions at the time, so conviction could not be sustained.

Court Disposition

Not guilty

Orders

  • Accused found not guilty of sexual assault (CC 271(1)(a)).
  • Publication ban in place concerning complainant pursuant to Criminal Code s.486.4.