R. v. Santiago Morales

R. v. Santiago Morales

The judge accepted the complainant's consistent account and rejected the accused's explanation and memory; after scrutinizing Crown evidence and applying the W.D. principles and reasonable doubt standard, the essential elements of sexual assault under s.271 were proven beyond a reasonable doubt, warranting conviction.

Citation
2019 NSPC 71
Parties
Crown: Her Majesty the Queen; Accused: Gerardo Santiago Morales
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 December 2019
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment Conviction
Outcome
Accused convicted of sexual assault contrary to s.271 Criminal Code
Legal Topics
Sexual Assault, Credibility Assessment, Reasonable Doubt, Intoxication, Publication Ban
Source Language
English
Criminal Law Evidence Sexual Assault Credibility Assessment Reasonable Doubt Intoxication Publication Ban

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Parties

Her Majesty the Queen

Crown

Gerardo Santiago Morales

Accused

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment Conviction

Legal Issues

  1. 1 Whether the accused committed sexual assault contrary to s.271 Criminal Code
  2. 2 Assessment of credibility of complainant and accused
  3. 3 Whether Crown proved each element beyond a reasonable doubt

Ratio Decidendi

The judge accepted the complainant's consistent account and rejected the accused's explanation and memory; after scrutinizing Crown evidence and applying the W.D. principles and reasonable doubt standard, the essential elements of sexual assault under s.271 were proven beyond a reasonable doubt, warranting conviction.

Court Disposition

Accused convicted of sexual assault contrary to s.271 Criminal Code

Orders

  • Accused convicted of sexual assault (s.271 Criminal Code of Canada)
  • Publication ban ordered under s.486.4 Criminal Code prohibiting publication that could identify the victim/complainant