R. v. M.P.G.

R. v. M.P.G.

Judge found the complainant and corroborating witnesses credible and their evidence reliable; the Crown proved beyond a reasonable doubt the touching and requests at the specified ages except where age element was not established; s.43 did not justify the alleged spanking of a teenager; accused's denial did not...

Source-derived case information.

Citation
2017 NSSC 168
Parties
Prosecution: Her Majesty the Queen; Accused: M.G.P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2017
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused convicted on four counts (assault s.266; sexual interference s.151; sexual exploitation s.153.1(a); sexual assault s.271) and acquitted on two counts (assault with a weapon s.267(a); invitation to sexual touching s.152).
Legal Topics
Sexual Assault, Sexual Interference, Sexual Exploitation, Assault, Evidence and Credibility, Reasonable Doubt, Corporal Punishment (s.43)
Source Language
english
Criminal Law Sexual Offences Child Protection Sexual Assault Sexual Interference Sexual Exploitation Assault Evidence and Credibility +2 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Prosecution

M.G.P.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether Crown proved each offence beyond a reasonable doubt
  2. 2 Applicability of s.43 defence to alleged corporal punishment
  3. 3 Whether complainant was under 16 or 16-17 for specific offences (age as essential element)

Ratio Decidendi

Judge found the complainant and corroborating witnesses credible and their evidence reliable; the Crown proved beyond a reasonable doubt the touching and requests at the specified ages except where age element was not established; s.43 did not justify the alleged spanking of a teenager; accused's denial did not raise reasonable doubt; accordingly convicted on four specified counts and acquitted on two.

Court Disposition

Accused convicted on four counts (assault s.266; sexual interference s.151; sexual exploitation s.153.1(a); sexual assault s.271) and acquitted on two counts (assault with a weapon s.267(a); invitation to sexual touching s.152).

Orders

  • Convicted of assault contrary to s.266 (striking J.E. when she was 18)
  • Convicted of sexual interference contrary to s.151 (touching breasts when J.E. was 15)