Craig William Fleming

The accused was tried on four counts of sexual assault causing bodily harm under s. 272(2) of the Criminal Code and four counts of sexual interference under s. 152.

The complainant, a ten‑year‑old child at the time of the events, provided a videotaped statement admitted pursuant to s. 715 and testified at trial describing repeated sexual assaults by her step‑father during a holiday visit.

The court assessed the credibility and reliability of a child witness in accordance with governing Supreme Court of Canada jurisprudence, emphasizing that inconsistencies on peripheral details do not undermine core reliability.

The complainant’s account was supported by corroborative evidence including medical findings of penetrating trauma, DNA evidence, photographs consistent with her descriptions, and testimony concerning behavioural changes and disclosure.

The court found the complainant credible and reliable and concluded the Crown had proven the offences beyond a reasonable doubt.

During a judge-alone criminal trial involving allegations of sexual assault against a child, the court ruled on the admissibility of post-offence conduct evidence.

The Crown sought to introduce evidence of the accused’s attempted suicide, statements made to a family member, and subsequent violent acts including a carjacking and homicide to demonstrate consciousness of guilt.

The court held that the attempted suicide and contemporaneous statements were relevant circumstantial evidence capable of supporting an inference of consciousness of guilt when viewed in the context of the confrontation following the allegation.

However, the later carjacking and homicide lacked a logical connection to the alleged sexual assaults and their prejudicial effect outweighed any probative value.

Those latter events were ruled inadmissible.