The accused was charged with indecent assault alleged to have occurred between 1969 and 1971 involving a child relative.
The complainant testified to a childhood incident of sexual touching while the accused denied the allegations and testified in his own defence.
Applying the credibility framework from R. v. W.(D.), the court assessed the complainant’s testimony alongside inconsistencies and the absence of corroborating evidence from other available witnesses.
The court found aspects of the complainant’s evidence raised concerns and concluded the accused’s testimony was credible and raised a reasonable doubt.
The Crown failed to prove the offence beyond a reasonable doubt.
