Family Court

Decision Information

Decision Content

 

                                       IN THE FAMILY COURT OF NOVA SCOTIA

Citation: K.R.M.W. v. Nova Scotia (Community Services), 2010 NSFC 27

 

                                                                                                                               Date: 20101008

                                                                                                                       Docket: 0SB064844

                                                                                                                        Registry:  Yarmouth

 

Between:                                                    K.R.M.W.

                                                                                                                                            Applicant

                                                                             v.

 

Her Majesty the Queen in Right of the Province of Nova Scotia as represented by the Minister of Community Services

 

                                                                                                                                       Respondent

 

                                                         LIBRARY HEADING

 

Judge:                       The Honourable John D. COMEAU

Judge of the Family Court of Nova Scotia

 

Heard:                       Heard at Yarmouth, Nova Scotia, October27, 2010

 

Written Decision:   November 8, 2010   

 

Issue:                        Removal of name from Child Abuse Register

 

Summary:                The applicant was convicted of four offences under S. 271 (1) (a)

of the Criminal Code (sexual assault by touching his sisters                            breasts) received house arrest and probation.  The sentence has                                    been successfully completed having been imposed in 2007.  The                                   sentence also included counselling.

 

Issue:                        Whether the Applicant poses a risk to children    

 

Result:                      Based on the evidence before the court (the accused continued to                               deny he committed the offences)  it was not proved on a balance of                             probabilities, the onus of which was on the applicant, that he did                             not now pose a risk to children.  This was so given the short time                           line between conviction and the application.  Application dismissed.

 

 

 

 


 

 

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