D. Beaton

The accused was tried on a three-count indictment alleging sexual interference, invitation to sexual touching, and sexual assault involving a child complainant during a sleepover at the home of the complainant's friend.

The central issue was credibility and reliability, with the defence asserting that the incident never occurred and that the complainant had never slept over at the residence.

Applying the burden of proof principles in Lifchus and the credibility framework in W.(D.), the court accepted the complainant’s detailed evidence, rejected the denials of the accused and supporting defence witnesses, and found that the corroborative evidence supported the complainant on key surrounding circumstances.

Findings of guilt were entered on all three counts.

The accused pleaded not guilty to aggravated assault after stabbing the victim in the neck.

The defence argued the accused was not criminally responsible on account of mental disorder (NCRMD) under s. 16 of the Criminal Code, calling a forensic psychiatrist who testified the accused was suffering from a psychotic episode and command hallucinations.

The court rejected the expert evidence, finding it relied on inadequate information and that the accused's statements to police demonstrated he had the capacity to know the act was morally wrong.

The accused was found criminally responsible and guilty of aggravated assault.