SUPREME COURT OF NOVA SCOTIA
Citation: R. v. P.W.M., 2009 NSSC 423
Date: 20091223
Docket: CRH No. 308250
Registry: Halifax
Between:
Her Majesty the Queen
Plaintiff
v.
P.W.M.
Defendant
LIBRARY HEADING
Restriction on Publication: Section 486 C.C.C.
Judge: The Honourable Justice M. Heather Robertson
Heard: December 14, 15, 16, 17 and 18, 2009, in Halifax,
Nova Scotia
Decision: December 23, 2009 (Orally)
Written Release: June 11, 2010
Subject: Historic sexual assault - ss. 149; 246.1(1); 271(1)(a); 146(1); 153 (1)(a) C.C.C.
Summary: The victim complained of repeated sexual assaults by her stepfather from age 9-17.
Issue: W.D. considered in light of accused’s testimony, admission of Atlantic Child Guidance notes re the victim as a business record - necessity and reliability.
Result: The Court was left with a reasonable doubt as to the guilt of the accused, as the result of significant inconsistencies in the victim’s testimony. Accused acquitted on all charges.
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