C. Lynch

The accused, a rideshare driver, was charged with sexually assaulting two highly intoxicated female passengers in separate incidents and with assault causing bodily harm against one of them.

The Crown successfully applied to use the evidence of each complainant as similar fact evidence on the other count, relying heavily on the presence of the accused's DNA on both women's breasts.

The court rejected the accused's testimony, finding the similar fact evidence and corroborating video surveillance overwhelmingly proved guilt beyond a reasonable doubt.

The accused was found guilty on all counts.

The accused was charged with one count of sexual assault following an incident at his apartment.

The complainant alleged that the accused forced intercourse and digitally penetrated her, while the accused denied any sexual contact, claiming he only physically struggled to remove her from his home.

The court assessed the credibility of both parties, applying the W.(D.) framework.

Relying on the complainant's credible testimony, corroborating physical evidence including damage to the apartment, and DNA evidence linking the accused to a condom found at the scene, the court found the accused guilty of sexual assault.