R. v. R.J.J.C.

R. v. R.J.J.C.

Because the complainant had given prior sworn testimony denying the conduct and admitted lying at that earlier trial, and because the available evidence (including the brother's testimony) did not provide sufficient independent corroboration or explanation for the prior inconsistent conduct, the Crown failed to prove the accused's guilt beyond a reasonable doubt; therefore the accused must be acquitted.

Citation
2002 NSSC 88
Parties
Crown: Her Majesty the Queen; Accused: R. J.J. C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 March 2002
Procedural Posture
Criminal Sexual Offences / Trial Verdict (acquittal)
Outcome
Accused acquitted on all three counts
Legal Topics
Credibility, Corroboration, Reasonable Doubt, Sexual Assault, Incest, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Credibility Corroboration Reasonable Doubt Sexual Assault Incest +1 more

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Parties

Her Majesty the Queen

Crown

R. J.J. C.

Accused

Procedural Posture

Criminal Sexual Offences / Trial Verdict (acquittal)

Legal Issues

  1. 1 Whether the complainant's testimony is credible given prior sworn contradictory testimony
  2. 2 Whether independent corroboration exists to safely convict
  3. 3 Whether the Crown proved guilt beyond a reasonable doubt

Ratio Decidendi

Because the complainant had given prior sworn testimony denying the conduct and admitted lying at that earlier trial, and because the available evidence (including the brother's testimony) did not provide sufficient independent corroboration or explanation for the prior inconsistent conduct, the Crown failed to prove the accused's guilt beyond a reasonable doubt; therefore the accused must be acquitted.

Court Disposition

Accused acquitted on all three counts

Orders

  • Accused acquitted on three counts of sexual offences
  • Non-publication order under s.486(3) (publication ban)