The accused, F.A., was charged with uttering a threat to cause bodily harm, sexual assault, and incest against his biological daughter, S.N. The Crown's case relied primarily on the complainant's testimony, which detailed the alleged events on New Year's Eve/Day 2019/2020, including a threat, sexual assault, and non-consensual sexual intercourse.
The accused denied all allegations, claiming he was intoxicated and passed out.
The court found the complainant to be a credible and reliable witness, despite some inconsistencies, and rejected the accused's testimony as incredible.
The court applied the principles from R. v. W.(D.) and found the accused guilty beyond a reasonable doubt on all three counts.
