The Crown brought a cross-count similar fact application at the close of its case, seeking to admit evidence related to three incidents of alleged sexual abuse by the accused, H.F., against his stepdaughter, LFR, to apply to each other count.
The charges included sexual assault, sexual interference, and invitation to sexual touching.
The court applied the R. v. Handy framework, balancing the probative value of the similar fact evidence against its prejudicial effect.
Despite some dissimilarities in the specific acts, the court found compelling similarities in the surrounding circumstances, such as the complainant's young age and vulnerability, the accused's position of trust, the mother's absence during the incidents, and the location of the acts within the family home.
The court concluded that these common characteristics demonstrated a pattern of conduct, and that the probative value outweighed the potential for prejudice, especially in a judge-alone trial.
The application for the admission of similar fact evidence was granted.