R. v. Keyes

R. v. Keyes

Material, irreconcilable inconsistencies in the complainant's timeline and accounts (including collapsed dates for presence at accused's residence and the hotel incident), corroborated acts of dishonesty by the complainant and credible defence evidence (witnesses denying alleged conduct and documentary hotel records) destroyed the Crown's ability to prove essential elements beyond a reasonable doubt (age thresholds, position of trust, and non‑consensual sexual touching); accordingly the accused must be acquitted.

Citation
2013 NSPC 25
Parties
Crown: Her Majesty the Queen; Accused: Douglas Keyes
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 April 2013
Procedural Posture
Criminal / Trial Judgment (acquittal)
Outcome
Acquitted
Legal Topics
Sexual Assault, Sexual Exploitation, Invitation to Sexual Touching, Credibility Assessment, Position of Trust
Source Language
English
Criminal Law Sexual Assault Sexual Exploitation Invitation to Sexual Touching Credibility Assessment Position of Trust

Case Brief

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Parties

Her Majesty the Queen

Crown

Douglas Keyes

Accused

Procedural Posture

Criminal / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved the allegations beyond a reasonable doubt
  2. 2 Whether the complainant was under the relevant ages for s.152 and s.153(1) at times alleged
  3. 3 Whether the accused was in a position of trust or authority at the times alleged

Ratio Decidendi

Material, irreconcilable inconsistencies in the complainant's timeline and accounts (including collapsed dates for presence at accused's residence and the hotel incident), corroborated acts of dishonesty by the complainant and credible defence evidence (witnesses denying alleged conduct and documentary hotel records) destroyed the Crown's ability to prove essential elements beyond a reasonable doubt (age thresholds, position of trust, and non‑consensual sexual touching); accordingly the accused must be acquitted.

Court Disposition

Acquitted

Orders

  • Accused found not guilty and acquitted of counts under s.152 (2 counts), s.153(1) (4 counts) and s.271 (3 counts)
  • Judgment of acquittal entered April 8, 2013