Allison Morris

In a judge-alone criminal trial involving allegations of repeated sexual abuse of a child by a person in a position of trust, the court admitted the complainant's prior video-recorded police statements under s. 715.1 of the Criminal Code and considered evidence of alleged grooming through pornography and electronic messaging.

The court reviewed the law concerning delayed disclosure by child complainants and the proper assessment of children's evidence, but found significant credibility and reliability concerns in the complainant's testimony, including inconsistencies, memory failures, admitted dishonesty in other contexts, and possible motive to fabricate.

The court also found the supporting evidence from the complainant's mother to be speculative in important respects and concluded that the forensic DNA evidence did not materially confirm the allegations.

Reasonable doubt remained on all six counts, and the accused was acquitted.

The accused was charged with sexual assault following an encounter with the complainant.

The complainant testified that the sexual activity was initially consensual but she withdrew her consent when it became rough, and the accused did not stop.

The court assessed the complainant's credibility, addressing inconsistencies, delayed disclosure, and forensic DNA evidence.

The court accepted the complainant's evidence, finding that she communicated her withdrawal of consent and the accused continued the sexual activity.

The accused was found guilty.

M.H. was charged with common assault, uttering a death threat, sexual assault, and unlawful confinement stemming from an incident where he allegedly returned to the complainant A.A.'s apartment after consensual group sex, confined her, assaulted her, threatened her, and sexually assaulted her.

The court found A.A. generally credible despite inconsistencies and delayed reporting, and found I.K., a defence witness, not credible due to bias.

M.H.'s post-offence conduct (deleting contacts) was considered evidence of consciousness of guilt.

M.H. was found guilty of common assault, sexual assault, and unlawful confinement, but acquitted of uttering a death threat due to conflicting evidence regarding the nature of the threat.