R. v. A.N.

R. v. A.N.

The judge found the complainants credible, ruled the accused's admissions to police admissible and voluntary, admitted similar fact evidence after finding no collusion and that probative value outweighed prejudice, and concluded the Crown proved beyond a reasonable doubt the essential elements of counts 2-6...

Source-derived case information.

Citation
2009 NSSC 166
Parties
Crown: Her Majesty the Queen; Accused: A. N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 April 2009
Procedural Posture
Criminal / Trial Judgment (judge Alone)
Outcome
Convicted on counts 2,3,4,5 and 6; acquitted on count 1.
Legal Topics
Sexual Assault, Rape, Incest, Similar Fact Evidence, Corroboration, Voluntariness of Statements, Right to Counsel (s.10(b)), Recent Complaint Rule
Source Language
english
Criminal Law Evidence Charter Law Family Law (context) Sexual Assault Rape Incest Similar Fact Evidence +4 more

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Parties

Her Majesty the Queen

Crown

A. N.

Accused

Procedural Posture

Criminal / Trial Judgment (judge Alone)

Legal Issues

  1. 1 Admissibility of accused's police statements and voluntariness
  2. 2 Application and admissibility of similar fact evidence and risk of collusion
  3. 3 Applicability of corroboration and recent complaint doctrines to historical sexual offences

Ratio Decidendi

The judge found the complainants credible, ruled the accused's admissions to police admissible and voluntary, admitted similar fact evidence after finding no collusion and that probative value outweighed prejudice, and concluded the Crown proved beyond a reasonable doubt the essential elements of counts 2-6 (indecent assault, rape and incest relating to L. and J.) but acquitted the accused on count 1 because the 1970 conduct did not constitute an assault under the law then in effect.

Court Disposition

Convicted on counts 2,3,4,5 and 6; acquitted on count 1.

Orders

  • Findings of guilt on counts 2 (indecent assault J.), 3 (rape J.), 4 (indecent assault L.), 5 (rape L.), and 6 (incest L.).
  • Acquittal on count 1 (alleged 1970 indecent assault) due to legal insufficiency at time of alleged act.