R. v. Finck

R. v. Finck

Applying the W.D. framework and assessing credibility and reliability against the probabilities and corroborative evidence, the court accepted A.C.'s evidence as credible and compelling, rejected Finck's denials as not believable, and concluded the Crown proved beyond a reasonable doubt that Finck choked A.C. (assault contrary to s.266) and sexually assaulted her without consent (s.271); therefore Finck is guilty on both charges.

Citation
2017 NSPC 72
Parties
Crown: Her Majesty the Queen; Accused: Matthew Finck
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 September 2017
Procedural Posture
Criminal (summary Conviction) / Trial Verdict / Decision
Outcome
Accused found guilty of assault (choking) contrary to s.266 Criminal Code and guilty of sexual assault contrary to s.271 Criminal Code (summary conviction matters)
Legal Topics
Sexual Assault, Assault (choking), Consent, Credibility and Reliability, Reasonable Doubt, W.d. Principle, Corroboration
Source Language
English
Criminal Law Sexual Offences Domestic Violence Evidence Sexual Assault Assault (choking) Consent Credibility and Reliability +3 more

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Parties

Her Majesty the Queen

Crown

Matthew Finck

Accused

Procedural Posture

Criminal (summary Conviction) / Trial Verdict / Decision

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that Matthew Finck committed an assault by choking contrary to s.266 Criminal Code
  2. 2 Whether the Crown proved beyond a reasonable doubt that Matthew Finck committed a sexual assault contrary to s.271 Criminal Code
  3. 3 Whether the complainant's evidence was credible and reliable

Ratio Decidendi

Applying the W.D. framework and assessing credibility and reliability against the probabilities and corroborative evidence, the court accepted A.C.'s evidence as credible and compelling, rejected Finck's denials as not believable, and concluded the Crown proved beyond a reasonable doubt that Finck choked A.C. (assault contrary to s.266) and sexually assaulted her without consent (s.271); therefore Finck is guilty on both charges.

Court Disposition

Accused found guilty of assault (choking) contrary to s.266 Criminal Code and guilty of sexual assault contrary to s.271 Criminal Code (summary conviction matters)

Orders

  • Accused Matthew Finck found guilty of assault contrary to s.266 Criminal Code
  • Accused Matthew Finck found guilty of sexual assault contrary to s.271 Criminal Code