IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. D.S.W., 2006 NSSC 231
Date: 20060912
Docket: “CR”S.AR. 225846
Registry: Annapolis Royal
Between:
Her Majesty The Queen
Plaintiff
v.
D. S. W.
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Allan P. Boudreau
Heard: March 20,2006 in Annapolis Royal
Written Decision: September 12, 2006
Subject: Criminal Law - Burden of Proof - Proof beyond a reasonable doubt.
Summary: D. S. W. is charged that at or near Springfield, in the County of Annapolis, Province of Nova Scotia, between the 1st day of March, 2000 and the 31st day of March, 2000, did commit a sexual assault on F. S., contrary to Section 271(a) of the Criminal Code of Canada. The one incident which forms the basis for the charge is alleged to have occurred when the complainant was aged twelve and Mr. W. was aged eighteen. They are now eighteen and twenty‑four years of age respectively. As in the great majority of cases such as these, the allegation arises when only the complainant and the defendant were present. The complainant was living at home with her father and Mr. W. was living at home with his mother at the time of the allegation.
Issues: Credibility and the burden of proof.
Result: Found complainant not sufficiently credible to form basis of conviction. Applied R. v. W.D. and found in favour of accused on parts 2 and 3 of the
R. v. W.D. tests. Acquitted.
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