SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Francis, 2011 NSSC 140
Date: 20110407
Docket: SYDJC302487
Registry: Sydney
Between:
Her Majesty the Queen
Plaintiff
v.
Charles Ryan Francis, Tyler Joseph Francis
and Norman Sylliboy
Defendant
LIBRARY HEADING
Restriction on Publication: Sexual Assault Case
Judge: The Honourable Justice Frank Edwards
Heard: March 21, 22, 25, 30 and April 1, 4, and 5, 2011, Sydney Nova Scotia
Written Decision: April 7, 2001
Subject: Criminal Law: Sexual Assault; Code s. 271(a); ss. 276, 276.1, 276.2, 276.3
Facts: Two Accused charged with having non-consensual sex with Complainant. Third Accused charged as party for videotaping the encounter and threatening to put same on internet. Complainant drinking heavily - had vague recollection of what occurred.
Evidence contrary to s. 276 admitted without objection.
Issue: Whether Crown had proven case beyond a reasonable doubt - application of W.D. - whether admission of evidence contrary to s. 276 could be cured by late s. 276.1 application.
Result: All three Accused found not guilty. Complainant’s evidence problematic - unable to determine exactly what had occurred. Although Evidence of Accused not accepted, it did raise a reasonable doubt. Accused charged as party: evidence of aiding and abetting not proven beyond a reasonable doubt - in any event, charge fails with acquittal of two principals.
S. 276 Issue: Crown did not seek mistrial and agreed with late s. 276.1 application. Evidence admitted but disbelieved.
Cases Noted:
R. v. W.(D). [1994] 3SCR 521
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.