R. v. B.D.

R. v. B.D.

The judge concluded that, when all evidence and credibility assessments are weighed, inconsistencies in the complainant's recollection and the accused's credible denial left a reasonable doubt; accordingly the Crown did not prove the accused guilty beyond a reasonable doubt and the accused was acquitted of sexual assault (s.271) and unlawful confinement (s.279).

Citation
2016 NSSC 305
Parties
Crown: Her Majesty the Queen; Defendant: B.D.; Complainant/witness: K.G. (Mr. G.); Witness/apartment Manager: M.G. (MG)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 October 2016
Procedural Posture
Criminal Sexual Assault and Unlawful Confinement / Trial Decision (oral Judgment, Acquittal)
Outcome
Accused acquitted of sexual assault and unlawful confinement
Legal Topics
Sexual Assault, Unlawful Confinement, Credibility Assessment, Burden of Proof, Publication Restriction (s.486 Criminal Code)
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Unlawful Confinement Credibility Assessment Burden of Proof Publication Restriction (s.486 Criminal Code)

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Parties

Her Majesty the Queen

Crown

B.D.

Defendant

K.G. (Mr. G.)

Complainant/witness

M.G. (MG)

Witness/apartment Manager

Procedural Posture

Criminal Sexual Assault and Unlawful Confinement / Trial Decision (oral Judgment, Acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual assault contrary to s.271
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused committed unlawful confinement contrary to s.279
  3. 3 Assessment of complainant and accused credibility and reliability of delayed complaint

Ratio Decidendi

The judge concluded that, when all evidence and credibility assessments are weighed, inconsistencies in the complainant's recollection and the accused's credible denial left a reasonable doubt; accordingly the Crown did not prove the accused guilty beyond a reasonable doubt and the accused was acquitted of sexual assault (s.271) and unlawful confinement (s.279).

Court Disposition

Accused acquitted of sexual assault and unlawful confinement

Orders

  • Acquittal entered on charge of sexual assault contrary to s.271 of the Criminal Code
  • Acquittal entered on charge of unlawful confinement contrary to s.279 of the Criminal Code