R. v. Williams

R. v. Williams

Judge found the Crown did not prove beyond a reasonable doubt that the complainant did not consent to the sexual activity involving both accused. Contemporaneous sober RA evidence, SANE nurse testimony, and multiple witness accounts created reasonable doubt about the complainant's trial testimony and whether...

Source-derived case information.

Citation
2019 NSSC 352
Parties
Crown: Her Majesty the Queen; Defendant: Jonah Williams; Defendant: Tyler Ball
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 November 2019
Procedural Posture
Criminal Sexual Assault / Trial Decision (supreme Court)
Outcome
Not guilty (acquitted) — Jonah Williams and Tyler Ball
Legal Topics
Consent, Honest But Mistaken Belief in Consent, Credibility and Reliability of Witnesses, SANE / Forensic Medical Evidence, Publication Bans
Source Language
english
Criminal Law Sexual Assault Evidence Consent Honest But Mistaken Belief in Consent Credibility and Reliability of Witnesses SANE / Forensic Medical Evidence Publication Bans

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Parties

Her Majesty the Queen

Crown

Jonah Williams

Defendant

Tyler Ball

Defendant

Procedural Posture

Criminal Sexual Assault / Trial Decision (supreme Court)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the complainant did not consent to the sexual activities involving both accused
  2. 2 Whether, if non-consent were established, the accuseds had an honest but mistaken belief in the complainant's consent

Ratio Decidendi

Judge found the Crown did not prove beyond a reasonable doubt that the complainant did not consent to the sexual activity involving both accused. Contemporaneous sober RA evidence, SANE nurse testimony, and multiple witness accounts created reasonable doubt about the complainant's trial testimony and whether non-consensual vaginal intercourse occurred while both accused were present. On that basis the accuseds were acquitted.

Court Disposition

Not guilty (acquitted) — Jonah Williams and Tyler Ball

Orders

  • Defendants Jonah Williams and Tyler Ball found not guilty on charges of sexual assault
  • Restriction on publication maintained pursuant to ss.486.4, 486.5 and 539(1) of the Criminal Code