R. v. J.P.

R. v. J.P.

Where the complainant's testimony contains material and pervasive inconsistencies and reliability defects that leave the essential elements of the Crown's case unproven beyond a reasonable doubt, the accused must be acquitted; applying the W.(D.) framework and presumption of innocence, the judge found the reliability concerns fatal to a safe conviction.

Citation
2019 NSSC 373
Parties
Crown/prosecutor: Her Majesty The Queen; Defendant: J.P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 December 2019
Procedural Posture
Criminal Sexual Offences / Trial Judgment (acquittal)
Outcome
Accused acquitted; Indictment dismissed
Legal Topics
Sexual Assault, Sexual Touching, Presumption of Innocence, Proof Beyond a Reasonable Doubt, Witness Credibility, W.(d.) Analysis, Publication Ban Under Ss.486.4 and 517(1)
Source Language
English
Criminal Law Evidence Child Protection Publication Ban Sexual Assault Sexual Touching Presumption of Innocence Proof Beyond a Reasonable Doubt +3 more

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Parties

Her Majesty The Queen

Crown/prosecutor

J.P.

Defendant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the complainant's evidence was sufficiently reliable to prove the accused guilty beyond a reasonable doubt
  2. 2 How to assess credibility and reliability of a youthful witness recounting childhood events
  3. 3 Application of the W.(D.) credibility framework where the accused did not testify

Ratio Decidendi

Where the complainant's testimony contains material and pervasive inconsistencies and reliability defects that leave the essential elements of the Crown's case unproven beyond a reasonable doubt, the accused must be acquitted; applying the W.(D.) framework and presumption of innocence, the judge found the reliability concerns fatal to a safe conviction.

Court Disposition

Accused acquitted; Indictment dismissed

Orders

  • Findings of not guilty entered and Indictment dismissed
  • Undertaking discharged; accused released and free to go