R. v. C.B.K.

R. v. C.B.K.

On the evidence the Crown proved beyond a reasonable doubt that the accused intentionally assaulted the complainant causing bodily harm, that her consent to sexual activity was vitiated by fear of further violence (sexual assault), that the accused unlawfully confined her by creating a violent environment that...

Source-derived case information.

Citation
2014 NSSC 458
Parties
Crown: Her Majesty the Queen; Defendant: C. B. K.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 October 2014
Procedural Posture
Criminal / Trial Judgment (oral Decision)
Outcome
Accused found guilty on Counts 1 (sexual assault), 2 (assault causing bodily harm), 4 (forcible confinement), 5 and 6 (threats), and 8 (theft); stay entered on Count 3 (assault); acquitted on Count 9; Counts 7, 10 and 11 were not proceeded on/not guilty.
Legal Topics
Consent, Bodily Harm, Amendment of Indictment (s.601), Credibility Assessment, Threats
Source Language
english
Criminal Law Sexual Offences Assault Forcible Confinement Theft Obstruction of Justice Criminal Procedure Consent +4 more

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Parties

Her Majesty the Queen

Crown

C. B. K.

Defendant

Procedural Posture

Criminal / Trial Judgment (oral Decision)

Legal Issues

  1. 1 Whether Crown proved sexual assault beyond a reasonable doubt
  2. 2 Whether complainant's consent was vitiated by fear or coercion
  3. 3 Whether injuries constituted bodily harm

Ratio Decidendi

On the evidence the Crown proved beyond a reasonable doubt that the accused intentionally assaulted the complainant causing bodily harm, that her consent to sexual activity was vitiated by fear of further violence (sexual assault), that the accused unlawfully confined her by creating a violent environment that restricted her freedom, that he knowingly made threats, and that he took $420 by exploiting her fear; the s.601 amendment to Count 9 was denied as untimely and prejudicial, so Count 9 failed.

Court Disposition

Accused found guilty on Counts 1 (sexual assault), 2 (assault causing bodily harm), 4 (forcible confinement), 5 and 6 (threats), and 8 (theft); stay entered on Count 3 (assault); acquitted on Count 9; Counts 7, 10 and 11 were not proceeded on/not guilty.

Orders

  • Stay entered on Count 3
  • Acquittal entered on Count 9