R. v. C.M.

R. v. C.M.

The Crown failed to prove guilt beyond a reasonable doubt because the tribunal was left with reasonable doubt arising from inconsistent and unreliable testimony on key matters (dates, who babysat, location and nature of events), the improbability of the alleged predatory acts by someone of the accused's alleged age, and the inability to establish that acts charged under ss.151 and 152 occurred after those offences existed in law; therefore acquittal on all counts was required.

Citation
2014 NSPC 18
Parties
Crown: The Queen; Accused: C.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 January 2014
Procedural Posture
Criminal Youth Justice / Trial Decision (acquittal)
Outcome
Acquitted on all counts
Legal Topics
Sexual Assault, Sexual Touching of Person Under 14, Invitation to Sexual Touching, Position of Trust, Similar Fact Evidence, Credibility Assessment, Reasonable Doubt, Publication Ban
Source Language
English
Criminal Law Youth Justice Sexual Offences Evidence Law Sexual Assault Sexual Touching of Person Under 14 Invitation to Sexual Touching Position of Trust +4 more

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Parties

The Queen

Crown

C.M.

Accused

Procedural Posture

Criminal Youth Justice / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether Crown proved guilt beyond a reasonable doubt
  2. 2 Admissibility and probative vs prejudicial effect of similar fact evidence
  3. 3 Credibility and reliability of complainant and defence witnesses regarding historical events

Ratio Decidendi

The Crown failed to prove guilt beyond a reasonable doubt because the tribunal was left with reasonable doubt arising from inconsistent and unreliable testimony on key matters (dates, who babysat, location and nature of events), the improbability of the alleged predatory acts by someone of the accused's alleged age, and the inability to establish that acts charged under ss.151 and 152 occurred after those offences existed in law; therefore acquittal on all counts was required.

Court Disposition

Acquitted on all counts

Orders

  • Acquittal entered on all counts
  • Publication ban pursuant to Criminal Code s.486.4 remains in effect