R. v. B.M.

R. v. B.M.

Although the judge preferred the complainant's evidence over the accused's, material inconsistencies in the complainant's statements, the presence of a plausible motive to fabricate and ambiguous post-offence remarks by the accused created reasonable doubt such that conviction would not be safe; therefore acquittal was required.

Citation
2007 NSPC 56
Parties
Crown: Her Majesty the Queen; Accused: BM
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 October 2007
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Trial Decision (acquittal)
Outcome
Accused found not guilty (acquitted).
Legal Topics
Reasonable Doubt, Credibility Assessment, Motive to Fabricate, Post Offence Statements, Witness Consistency, Publication Ban
Source Language
English
Criminal Law Evidence Sexual Offences Victimology Reasonable Doubt Credibility Assessment Motive to Fabricate Post Offence Statements +2 more

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Parties

Her Majesty the Queen

Crown

BM

Accused

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the Crown proved sexual assault beyond a reasonable doubt
  2. 2 How to assess credibility of complainant and accused
  3. 3 Significance of inconsistencies between complainant's statements

Ratio Decidendi

Although the judge preferred the complainant's evidence over the accused's, material inconsistencies in the complainant's statements, the presence of a plausible motive to fabricate and ambiguous post-offence remarks by the accused created reasonable doubt such that conviction would not be safe; therefore acquittal was required.

Court Disposition

Accused found not guilty (acquitted).

Orders

  • Accused acquitted and discharged
  • Publication ban on disclosure of complainant's identity