R v. Lynch
The Crown failed to meet its burden beyond a reasonable doubt because material inconsistencies and reliability concerns in the complainant's evidence left a reasonable doubt as to whether the offences were committed; accordingly the accused was not convicted.
- Citation
- 2022 NSPC 44
- Parties
- Crown: His Majesty the King; Defendant: Shawn Lynch
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 30 November 2022
- Procedural Posture
- Criminal / Judgment After Trial
- Outcome
- Not guilty (acquittal); offences not proven beyond a reasonable doubt
- Legal Topics
- Sexual Assault, Sexual Interference, Position of Authority, Credibility and Reliability of Witnesses, Burden of Proof, Presumption of Innocence, Reasonable Doubt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
His Majesty the King
Crown
Shawn Lynch
Defendant
Procedural Posture
Criminal / Judgment After Trial
Legal Issues
- 1 Whether the Crown proved sexual assault beyond a reasonable doubt
- 2 Whether the Crown proved sexual interference beyond a reasonable doubt
- 3 Whether the s.153 position of authority offence was established
Ratio Decidendi
The Crown failed to meet its burden beyond a reasonable doubt because material inconsistencies and reliability concerns in the complainant's evidence left a reasonable doubt as to whether the offences were committed; accordingly the accused was not convicted.
Court Disposition
Not guilty (acquittal); offences not proven beyond a reasonable doubt
Orders
- Accused found not guilty and acquitted
- Crown conceded offence under s.153 Criminal Code not made out
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