D. Henderson

The court convicted the accused on all counts arising from repeated sexual assaults against a child in a familial setting over an extended period.

The complainant testified by CCTV and adopted her prior video-recorded police statement; the court found her unusually detailed, consistent, and reliable, and rejected defence attacks based on delayed disclosure, alleged inconsistencies, and alternative perpetrators.

Applying the W.(D.) framework and the principles governing proof beyond a reasonable doubt, the court found the accused evasive, incredible, and prone to unsupported deflection.

The court also expressly rejected myths and stereotypes about how sexual assault complainants are expected to disclose abuse.

Following conviction on ten child sexual offence counts involving a young complainant, the Crown moved to revoke bail pending sentence.

The court adopted the approach that a post-conviction revocation application properly proceeds under s. 523(1)(b) of the Criminal Code, informed by the detention factors in s. 515(10), rather than any presumption that interim release should continue absent cause shown.

Although the accused was not found to be a flight risk, the court held that detention was necessary on the tertiary ground to maintain confidence in the administration of justice, given the strength of the Crown's case, the gravity of the offences, the breach of trust, and the likelihood of a lengthy custodial sentence.

The application was granted and bail was revoked pending sentencing.