B. Fedunchak

A youth criminal justice trial involving allegations of sexual assault and incest against a young person.

The complainant alleged multiple incidents of sexual abuse by her older half-brother occurring over several years during her childhood.

The central issue was whether the Crown could prove beyond a reasonable doubt that the accused was at least twelve years old (the age of criminal responsibility in Canada) when the alleged offences occurred.

The court found reasonable doubt on the timing issue and acquitted the accused on both charges.

The accused was charged with five offences arising from a home invasion at an apartment in Orillia on June 19, 2013.

The victim was severely assaulted with a fire extinguisher, baseball bat, and beer bottle, sustaining serious injuries including head wounds requiring surgical staples and permanent hearing loss.

The Crown's case was circumstantial, relying on evidence that the accused was present near the scene at the time of the incident, returned bloodied shortly after, made incriminating statements, and his DNA was found on a baseball cap recovered from the scene that also bore the victim's blood.

The court found the Crown proved beyond a reasonable doubt that the accused participated in the home invasion and assault on the male victim, but acquitted him of assaulting the female victim due to insufficient evidence of his presence in the bathroom where she was attacked.