R. v. Mebrate

R. v. Mebrate

Trial judge accepted complainant, employer and customer evidence over the accused's denials, found accused was at the store, had opportunity and touched the complainant for a sexual purpose; accused's falsehoods reinforced culpability; conviction entered on s.271 and a conditional stay entered on s.151 under Kienapple.

Citation
2006 NSPC 35
Parties
Crown: Her Majesty the Queen; Accused: Elias Woubet Mebrate
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 July 2006
Procedural Posture
Criminal Sexual Assault (child) / Trial Judgment
Outcome
Accused found guilty of sexual assault contrary to s.271 Criminal Code; conditional stay entered on s.151 Criminal Code pursuant to Kienapple; publication ban in place.
Legal Topics
Sexual Assault Under S.271, Touching for a Sexual Purpose, Identity and Misidentification, Credibility Assessment, Evidence of Children, Kienapple Rule and Duplicity
Source Language
English
Criminal Law Sexual Offences Child Protection Evidence Sexual Assault Under S.271 Touching for a Sexual Purpose Identity and Misidentification Credibility Assessment +2 more

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Parties

Her Majesty the Queen

Crown

Elias Woubet Mebrate

Accused

Procedural Posture

Criminal Sexual Assault (child) / Trial Judgment

Legal Issues

  1. 1 identity of perpetrator
  2. 2 credibility of complainant and accused
  3. 3 reliability of child testimony

Ratio Decidendi

Trial judge accepted complainant, employer and customer evidence over the accused's denials, found accused was at the store, had opportunity and touched the complainant for a sexual purpose; accused's falsehoods reinforced culpability; conviction entered on s.271 and a conditional stay entered on s.151 under Kienapple.

Court Disposition

Accused found guilty of sexual assault contrary to s.271 Criminal Code; conditional stay entered on s.151 Criminal Code pursuant to Kienapple; publication ban in place.

Orders

  • Conviction entered for offence contrary to s.271 Criminal Code
  • Conditional stay entered on charge contrary to s.151 Criminal Code pursuant to R. v. Kienapple