In a judge-alone criminal trial involving allegations of sexual assault and sexual touching of a child family member, the court applied the W.(D.) framework to sharply conflicting evidence from the complainant and the accused.
The court found both witnesses credible and reliable, accepted that the accused's denial was unshaken, and concluded the evidence as a whole left a reasonable doubt.
The court also reviewed principles governing credibility assessment, child witness evidence, delayed disclosure, and the limited use of prior consistent statements.
The accused was acquitted on both counts.
