R. v. L.B.Z.

R. v. L.B.Z.

The judge found the complainant credible and the accused's testimony unreliable and evasive; applying the objective test for sexual assault, the accused's conduct (biting over clothing and forcing hips between legs/grabbing hips and pressing body while intimating sex) violated the complainant's sexual integrity and, absent consent, constituted sexual assault; therefore the Crown proved both counts beyond a reasonable doubt.

Citation
2013 NSPC 19
Parties
Crown: Her Majesty the Queen; Accused: L. B. Z.; Complainant: JAT
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 March 2013
Procedural Posture
Criminal (sexual Assault) / Trial Judgment/conviction
Outcome
Accused convicted on both counts of sexual assault
Legal Topics
Sexual Assault, Consent, Credibility Assessment, Intoxication and Memory Loss, Reasonable Doubt
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Credibility Assessment Intoxication and Memory Loss Reasonable Doubt

Case Brief

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Parties

Her Majesty the Queen

Crown

L. B. Z.

Accused

JAT

Complainant

Procedural Posture

Criminal (sexual Assault) / Trial Judgment/conviction

Legal Issues

  1. 1 Did the accused commit the alleged physical acts?
  2. 2 Did the acts constitute sexual assault under Criminal Code s.265?
  3. 3 Were the complainant's allegations credible and the accused's memory-loss explanation reliable?

Ratio Decidendi

The judge found the complainant credible and the accused's testimony unreliable and evasive; applying the objective test for sexual assault, the accused's conduct (biting over clothing and forcing hips between legs/grabbing hips and pressing body while intimating sex) violated the complainant's sexual integrity and, absent consent, constituted sexual assault; therefore the Crown proved both counts beyond a reasonable doubt.

Court Disposition

Accused convicted on both counts of sexual assault

Orders

  • Convictions entered on the record