R v Carson

R v Carson

The trial judge accepted the complainant's version, rejected critical defence witnesses and the accused's account as not credible, found the touching was by the hand (not accidental knuckle contact), concluded it was done for a sexual purpose in the employer-employee context, and therefore the Crown proved sexual assault beyond a reasonable doubt.

Citation
2020 NSPC 58
Parties
Crown: Her Majesty the Queen; Defendant: Glen Carson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 October 2020
Procedural Posture
Criminal Sexual Assault / Trial Decision (conviction)
Outcome
Guilty of sexual assault (s.271 Criminal Code)
Legal Topics
Sexual Assault, Assault, Mens Rea, Consent, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Assault Mens Rea Consent Credibility Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Glen Carson

Defendant

Procedural Posture

Criminal Sexual Assault / Trial Decision (conviction)

Legal Issues

  1. 1 Nature of the touching (hand vs knuckle)
  2. 2 Whether touching was for a sexual purpose
  3. 3 Whether touching was accidental / lacked mens rea

Ratio Decidendi

The trial judge accepted the complainant's version, rejected critical defence witnesses and the accused's account as not credible, found the touching was by the hand (not accidental knuckle contact), concluded it was done for a sexual purpose in the employer-employee context, and therefore the Crown proved sexual assault beyond a reasonable doubt.

Court Disposition

Guilty of sexual assault (s.271 Criminal Code)

Orders

  • Guilty verdict entered against Glen Carson for sexual assault contrary to s.271 Criminal Code
  • Publication ban pursuant to s.486.4 Criminal Code (restriction on identifying victim/witness)