R. v. C.B.M.

R. v. C.B.M.

The accused's evidence was coherent, plausible and raised a reasonable doubt as to guilt; that reasonable doubt was not displaced by the Crown's evidence (including complainant and supporting witness testimony and contextual material), therefore the accused must be acquitted of the charges.

Source-derived case information.

Citation
2023 NSSC 173
Parties
Crown/prosecution: His Majesty the King; Accused/defendant: C.B.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 June 2023
Procedural Posture
Criminal Sexual Offences / Trial Decision (acquittal)
Outcome
Accused acquitted on all charges
Legal Topics
Sexual Exploitation, Sexual Assault, Sexual Interference, Reasonable Doubt, Credibility Assessment, Position of Trust, Non Disclosure, Use of Pornography Evidence, Family Dynamics/collusion
Source Language
english
Criminal Law Sexual Offences Evidence Child Protection Sexual Exploitation Sexual Assault Sexual Interference Reasonable Doubt +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

His Majesty the King

Crown/prosecution

C.B.M.

Accused/defendant

Procedural Posture

Criminal Sexual Offences / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the Crown proved the sexual offence charges beyond a reasonable doubt
  2. 2 Assessment of credibility and reliability of complainant versus accused
  3. 3 Whether accused's evidence raised a reasonable doubt that was displaced by Crown evidence

Ratio Decidendi

The accused's evidence was coherent, plausible and raised a reasonable doubt as to guilt; that reasonable doubt was not displaced by the Crown's evidence (including complainant and supporting witness testimony and contextual material), therefore the accused must be acquitted of the charges.

Court Disposition

Accused acquitted on all charges

Orders

  • Accused found not guilty of all charged offences
  • Publication ban imposed pursuant to s.486.4, s.486.5 and s.539(1) of the Criminal Code