R. v. J.P.S.

R. v. J.P.S.

Applying the W.(D.) test and credibility principles (Faryna), the trial judge accepted the accused's evidence over the complainant's in material respects, concluded the Crown did not prove the offences beyond a reasonable doubt (including that the firearm incident did not constitute careless use), and therefore entered acquittals on all charges.

Citation
2015 NSPC 55
Parties
Crown: R.; Accused: J.P. S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2015
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused acquitted on all charges
Legal Topics
Sexual Assault, Assault, Threats, Careless Use of Firearm, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Domestic Violence Sexual Assault Assault Threats Careless Use of Firearm Credibility Assessment Publication Ban

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R.

Crown

J.P. S.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved the charges beyond a reasonable doubt
  2. 2 Assessment of credibility between complainant and accused under the W.(D.) test
  3. 3 Whether evidence corroborated complainant's allegations was sufficient

Ratio Decidendi

Applying the W.(D.) test and credibility principles (Faryna), the trial judge accepted the accused's evidence over the complainant's in material respects, concluded the Crown did not prove the offences beyond a reasonable doubt (including that the firearm incident did not constitute careless use), and therefore entered acquittals on all charges.

Court Disposition

Accused acquitted on all charges

Orders

  • Accused found not guilty of charges under sections 271, 266, 264.1(1)(a) and 86(1) of the Criminal Code
  • Publication ban under s.486.4 Criminal Code prohibiting identification of the complainant/victim