SUPREME COURT OF NOVA SCOTIA
Citation: R. v. McLellan, 2011 NSSC 118
Date: 20110314
Docket: SYDJC335121
Registry: Sydney
Between:
Her Majesty the Queen
Plaintiff
v.
Waylon McLellan
Defendant
LIBRARY HEADING
Restriction on Publication: Sexual Assault on a 15 yr. old
Judge: The Honourable Justice Frank Edwards
Heard: March 8, March 9, 2011 in Sydney, Nova Scotia
Written Decision: March 23, 2011
Criminal Law: Sexual assault; application of W.D.
Facts: Complainant, 15 yrs. old, alleges that she was sexually assaulted by the Accused. Complainant had been invited to an overnight stay in cottage rented by the Accused and his common-law spouse. Assault allegedly took place after night of heavy alcohol consumption in the same bed where the Accused’s spouse was sleeping/passed out.
Issue: Whether Crown had proven case beyond a reasonable doubt.
Result: Not Guilty. Accused not believed nor did his evidence raise reasonable doubt. However, the evidence of the complainant was problematic to the extent that it precluded a finding of guilt. She had returned to the Accused’s house the day after the alleged assault knowing he was probably home alone. On a scale of 1 -1 0 (10 being most drunk) she had rated herself a 9 on the night in question. Finally, though she disclosed 3 - 8 months after the event, she was unable to specify even the month in which the alleged assault occurred.
Case Noticed: R. v. W.(D). [1994] 3SCR 521