2016 conviction overturned
Former Kentville man who appealed sex charges conviction found not guilty
A former Kentville man who successfully appealed his 2016 conviction on two sex-related charges has been found not guilty following his second trial.
Kenny Dale Sheffield, 34, who according to court records resided in Regina, Saskatchewan, prior to his incarceration, was present in Kentville provincial court on April 24.
Judge Ronda Van Der Hoek read her decision, finding Sheffield not guilty of sexual assault and touching charges involving an underage girl. The complainant’s identity is protected by a publication ban. It had been alleged that Sheffield committed the offences in Kentville between Sept. 1, 2000, and June 30, 2002.
Following his first trial, Sheffield was found guilty of the two alleged offences by Judge Paul Scovil on Jan. 21, 2016.
On May 4 of that year, Sheffield was sentenced to three years in custody on each count, to be served concurrently to each other but consecutive to any other sentence. The court also granted a DNA order; imposed a 10-year firearm prohibition against Sheffield and granted a 20-year Sex Offender Information Registration Act (SOIRA) order to take effect on his release from custody. The court also granted a 10-year Section 161 order preventing Sheffield from attending any public place where children are present or could reasonably be expected to be present.
A judicial stay was entered on several other charges at that time, including a count of sexual touching involving a person under the age of 14; inviting, counselling or inciting a person under age 14 to touch Sheffield for a sexual purpose, unlawfully engaging in an act of anal intercourse and exposing his genital organs to a person under the age of 14 for a sexual purpose.
Sheffield filed a Notice of Appeal with the Nova Scotia Court of Appeal on May 30, 2016, citing several grounds for appealing Scovil’s finding of guilt. An appeal hearing was held in Halifax on Nov. 23, 2016. On March 1, 2017, Chief Justice J. Michael MacDonald issued his written decision, allowing the appeal and ordering a new trial.
MacDonald found that Sheffield’s trial counsel had inadvertently omitted several pages from a defence exhibit and thereby created a discrepancy in Sheffield’s evidence. This compromised the trial judge’s credibility analysis and caused a miscarriage of justice.