Cassandra DeMelo

The offender was convicted of sexual assault after posing as an Uber driver to lure an intoxicated young woman into his vehicle.

The court weighed the significant aggravating factors, including the breach of trust and premeditation, against mitigating factors such as the offender's lack of a prior record and the severe immigration consequences he faced as a refugee claimant.

The court sentenced the offender to 12 months of imprisonment, less credit for pre-sentence custody, followed by two years of probation.

The accused was charged with sexual assault after offering a ride to the complainant and her companion.

The Crown alleged the accused lured the complainant back to his vehicle, forced her into the back seat, and sexually assaulted her.

The accused testified that the sexual activity was consensual.

Applying the W.(D.) framework, the court found the complainant to be a credible and reliable witness, while rejecting the accused's testimony as implausible and unbelievable.

The court found all essential elements of sexual assault proven beyond a reasonable doubt and entered a finding of guilt.

The accused, whose first language is French, was arrested for sexual assault.

He brought a mid-trial Charter application arguing his rights under ss. 7, 10(a), and 10(b) were violated because he was not advised of his rights in a meaningful and comprehensible manner in English.

The court found that objective indicia of special circumstances regarding linguistic comprehension were present, and the police failed to take reasonable steps to ensure the accused understood his rights.

The court concluded the Charter rights were breached and excluded the accused's statements to police under s. 24(2).