R. v. G. S.

R. v. G. S.

Judge accepted complainant's credible and reliable evidence on the core allegations, rejected the accused's denials as not credible or raising no reasonable doubt, and concluded the Crown proved beyond a reasonable doubt all elements of two counts of sexual interference under s.151 of the Criminal Code because the...

Source-derived case information.

Citation
2021 NSSC 133
Parties
Crown: Her Majesty the Queen; Defendant: G. S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 April 2021
Procedural Posture
Criminal / Trial Decision
Outcome
Guilty on two counts of sexual interference contrary to s.151 of the Criminal Code
Legal Topics
Sexual Interference, Credibility Assessment, Reasonable Doubt, Opportunity, Amendment to Indictment
Source Language
english
Criminal Law Sexual Offences Evidence Law Child Witness Law Sexual Interference Credibility Assessment Reasonable Doubt Opportunity +1 more

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Parties

Her Majesty the Queen

Crown

G. S.

Defendant

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the Crown proved the elements of s.151 sexual interference beyond a reasonable doubt
  2. 2 Whether the touching was for a sexual purpose
  3. 3 Whether the complainant's evidence was credible and reliable in light of inconsistencies and the accused's denial

Ratio Decidendi

Judge accepted complainant's credible and reliable evidence on the core allegations, rejected the accused's denials as not credible or raising no reasonable doubt, and concluded the Crown proved beyond a reasonable doubt all elements of two counts of sexual interference under s.151 of the Criminal Code because the nature, location and circumstances of the touching established a sexual purpose.

Court Disposition

Guilty on two counts of sexual interference contrary to s.151 of the Criminal Code