Dominique D. Smith

The appellant appealed summary conviction findings of guilt for sexual assault and sexual exploitation, arguing that the trial judge misapplied the credibility framework in R. v. W.(D.) and improperly restricted cross‑examination concerning alleged exculpatory statements made during the incident.

The appeal court held that although the trial judge’s articulation of the second branch of the W.(D.) test differed slightly from the classic formulation, the reasons as a whole demonstrated that the correct burden of proof was applied and the accused’s evidence was rejected in its entirety on credibility grounds.

The court also found no miscarriage of justice arising from the trial judge’s intervention regarding prior exculpatory statements and the requirement for assurance that the accused would testify.

Any potential confusion was addressed during the trial and did not prejudice the defence.

The convictions were therefore upheld.

The accused brought a motion for a directed verdict seeking acquittals on firearm possession charges, arguing the Crown had not led evidence capable of establishing knowledge of the firearm’s presence.

The Crown relied on circumstantial evidence linking the accused to a residence where a loaded 9 mm handgun and ammunition were found concealed in the master bedroom.

The court applied the directed verdict test and considered whether there was some evidence upon which a properly instructed jury could convict.

The court held that multiple pieces of circumstantial evidence supported an inference that the accused knew of and had control over the firearm.

The motion for a directed verdict was therefore dismissed.