R. v. Dawson
Because credibility was central and the Crown failed to exclude reasonable doubt as to whether the complainant consented, the court could not be satisfied beyond a reasonable doubt of Dawson's guilt; therefore the defendant was acquitted.
- Citation
- 2014 NSPC 71
- Parties
- Crown: Her Majesty the Queen; Defendant: Patrick Dawson
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 15 September 2014
- Procedural Posture
- Criminal (sexual Assault) / Trial Judgment Reserved and Delivered (acquittal)
- Outcome
- Acquittal (not guilty)
- Legal Topics
- Consent, Mens Rea, Actus Reus, Credibility, Reasonable Doubt, Publication Ban
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Patrick Dawson
Defendant
Procedural Posture
Criminal (sexual Assault) / Trial Judgment Reserved and Delivered (acquittal)
Legal Issues
- 1 Whether the sexual contact occurred without the complainant's consent
- 2 Whether the Crown proved absence of consent beyond a reasonable doubt
- 3 Credibility assessment of complainant and accused
Ratio Decidendi
Because credibility was central and the Crown failed to exclude reasonable doubt as to whether the complainant consented, the court could not be satisfied beyond a reasonable doubt of Dawson's guilt; therefore the defendant was acquitted.
Court Disposition
Acquittal (not guilty)
Orders
- Verdict: Acquittal entered in favour of Patrick Dawson
- Publication ban regarding complainant's identity pursuant to Criminal Code s.486
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