Following a judge-alone criminal trial based on the transcript of a prior jury trial that ended in a mistrial, the court found that the accused inflicted fatal head injuries and extensive bruising on a five-and-a-half-month-old infant while babysitting.
The court rejected the defence theory that the child's mother caused the injuries after returning from a wedding and found the accused's alternative explanations, including prior falls and a shower incident, to be fabricated.
Applying W.(D.), the court held the Crown had proved beyond a reasonable doubt that the accused caused the fatal injuries.
However, given the uncertainty in the medical evidence as to mechanism and force, and the accused's post-assault conduct suggesting concern for the child, the court was not satisfied that the Crown proved the subjective foresight of likely death required by s. 229(a)(ii).
