R. v. D.N.W., (2000) 234 N.B.R.(2d) 201 (TD)

• Judge: Glennie, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 29, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 234 N.B.R.(2d) 201 (TD)

R. v. D.N.W. (2000), 234 N.B.R.(2d) 201 (TD);

    234 R.N.-B.(2e) 201; 604 A.P.R. 201

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2001] N.B.R.(2d) TBEd. FE.021

Her Majesty The Queen v. D.N.W.

(S/CR/17/00)

Indexed As: R. v. D.N.W.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Glennie, J.

November 29, 2000.

Summary:

The accused was charged with in­viting her 13 year old son to sexually touch her body.

The New Brunswick Court of Queen's Bench, Trial Division, acquitted the accused.

Criminal Law - Topic 708

Sexual offences, public morals and dis­orderly conduct - Sexual offences - Par­ticular offences - Inviting sexual touching - The accused was charged with inviting her 13 year old son to sexually touch her - The son alleged that she got him to put his hand on her breast on several occasions - The complainant, his father, his father's companion and the accused's common law husband testified about the breast touching incidents - None of them was a credible witness - The accused, her daughter and two of her sisters testified - They were truthful and reliable witnesses - A sister corroborated the accused's testimony that she asked her sister's advice after the complainant touched her breast on two occasions - The New Brunswick Court of Queen's Bench, Trial Division, believed the evidence of the accused and acquitted the accused.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 45].

Counsel:

Randy W. DiPaolo, for the Crown;

Peter Thorn, for D.N.W.

This case was heard before Glennie, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following oral judgment on November 29, 2000.