In what circumstances will a jury acquittal of an accused in a sexual assault case where the only issue raised was identity?
Alberta, Canada
The following excerpt is from R. v. Welyki, 1975 CanLII 261 (AB QB):
On the other hand, in Villemarie v. The Queen (1962), 39 C.R. 297 at 300 (Que. C.A.), the majority held that an acquittal of the accused when the only issue raised was identity "only means that the jury was of the opinion that the appellant had not been identified as the person who had broken into the room: it cannot be read as a finding that the offence had been committed or attempted by some person other than the accused."
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