The appellant, a teenager, was convicted of two counts of sexual assault against a child he was babysitting.
The trial judge rejected the appellant's evidence, finding the complainant credible before assessing the appellant's testimony.
The Court of Appeal upheld the convictions.
The Supreme Court of Canada allowed the appeal and ordered a new trial, finding that the trial judge misapprehended the appellant's evidence and misapplied the burden of proof by shifting the onus to the accused after accepting the complainant's evidence.
