Biagio Del Greco

The accused stood trial on multiple historical sexual offence counts involving his granddaughter, including sexual interference, invitation to sexual touching, and sexual assault.

Applying the W.(D.) framework, the court rejected most of the accused's evidence as evasive, contradictory, and unreliable, while assessing the complainant's childhood recollections with allowance for age-related imprecision regarding dates and locations.

The court held that one group of counts raised a reasonable doubt because the complainant's account placed the incident at an apartment address during a period when the accused's uncontradicted evidence indicated he did not yet live there.

The remaining counts were proved beyond a reasonable doubt based on the complainant's evidence, corroborative evidence from the father concerning a later incident, and the absence of a reasonable doubt on the whole of the evidence.

The applicant was charged with thirteen firearms-related offences, including possession of a loaded prohibited firearm.

He brought a Charter application alleging breaches of sections 8 and 9 of the Canadian Charter of Rights and Freedoms, seeking exclusion of evidence of the firearm.

Police responded to a noise complaint and encountered the applicant in a stairwell with another individual.

Officers detected a strong smell of marijuana, observed suspicious hand movements by the applicant, and conducted a pat-down search for officer safety, discovering a loaded 9mm handgun.

The court found the detention was lawful for investigative purposes and the pat-down search was justified on safety grounds.

The application was dismissed.