The accused was tried on an eight-count indictment alleging sexual offences against a child.
The Crown proceeded only on four counts of sexual touching, with the sexual assault counts subsumed pursuant to the Kienapple principle.
The complainant provided detailed testimony describing repeated incidents in which the accused touched her vagina while she slept in his bed during visits to his residence.
The court found the complainant to be a credible and consistent witness and rejected the accused’s denials, noting his evasive answers during cross‑examination and admissions that corroborated aspects of the complainant’s account.
Applying the framework in R. v. W. (D.), the court concluded the Crown proved the offences beyond a reasonable doubt.
