Supreme Court

Decision Information

R. v. D.E.W.

Court Supreme Court
Date 2009-03-17
Citation 2009 NSSC 112
Docket CRH 306406
Judge/Registrar/Adjudicator Robertson, M. Heather (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. D.E.W. - 2009 NSSC 112 - 2009-03-17 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. D.E.W. , 2009 NSSC 112

 

Date: 20090317

Docket: CRH 306406

Registry: Halifax

Between:

Her Majesty The Queen

 

v.

 

D. E. W.

 

 

LIBRARY HEADING

 

Restriction on Publication:      Section 486.4 C.C.C. (Sexual Assault)

 

 

                                                  Editorial Notice

 

Identifying information has been removed from this electronic version of the judgment.

 

 

Judge:                            The Honourable Justice M. Heather Robertson

 

Heard:                            March 17, 2009, in Halifax, Nova Scotia

 

Decision:                        March 17, 2009 (Voir Dire #1 - Orally)

Written Release:             May 29, 2009

 

Subject:                          The accused has made a Section 276.1 application seeking to tender evidence regarding prior sexual acts with the complainant relating to prior anal sex and prior consensual sex where the accused inserted his hand in her vagina.             

 

Summary:                      The accused is charged with sexual assault where it is alleged that he did on one occasion engage in non consensual anal sex, by entering the complainant’s anus with his fist.

 

Result:                            Conditions precedent under s. 276.2 were met.  The evidence was permissible after analysis of factors set out in s. 276(3)(a-h). 

 

            THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.            QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.