Supreme Court

Decision Information

Decision Content

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

 

                                                                             

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