R. v. Fogelson

R. v. Fogelson

The trial judge accepted aspects of the accused's testimony and concluded that the accused's evidence raised a reasonable doubt under the W.(D.) framework; because the Crown did not prove guilt beyond a reasonable doubt on the s.156 count, an acquittal was entered (and the s.157 count had been dismissed by the Crown).

Citation
2018 NSPC 7
Parties
Crown: Her Majesty the Queen; Accused: Brian David Fogelson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 March 2018
Procedural Posture
Criminal / Trial (evidence Heard; Judgment)
Outcome
Acquittal entered on case number 2902433 (indecent assault, s.156); count under s.157 (case number 2902434) dismissed by Crown
Legal Topics
Indecent Assault, Gross Indecency, Credibility Assessment, Reasonable Doubt, Historical Sexual Offence Evidence, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Indecent Assault Gross Indecency Credibility Assessment Reasonable Doubt Historical Sexual Offence Evidence +1 more

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Parties

Her Majesty the Queen

Crown

Brian David Fogelson

Accused

Procedural Posture

Criminal / Trial (evidence Heard; Judgment)

Legal Issues

  1. 1 Whether the Crown proved indecent assault contrary to s.156 of the Criminal Code beyond a reasonable doubt
  2. 2 Appropriate assessment of credibility and reliability of complainant and accused (application of W.(D.) test)
  3. 3 Effect of historical delay and adult testimony about childhood events on credibility

Ratio Decidendi

The trial judge accepted aspects of the accused's testimony and concluded that the accused's evidence raised a reasonable doubt under the W.(D.) framework; because the Crown did not prove guilt beyond a reasonable doubt on the s.156 count, an acquittal was entered (and the s.157 count had been dismissed by the Crown).

Court Disposition

Acquittal entered on case number 2902433 (indecent assault, s.156); count under s.157 (case number 2902434) dismissed by Crown

Orders

  • Acquittal entered on case number 2902433 (sec. 156 Criminal Code)
  • Count under sec. 157 (case number 2902434) dismissed