R. v. Dawson

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)

  1. 1 Whether the sexual contact occurred without the complainant's consent
  2. 2 Whether the Crown proved absence of consent beyond a reasonable doubt
  3. 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