The accused was tried on a charge of making child pornography available after images of his clothed nine-year-old niece were posted on a Russian website together with requests for sexualized commentary and ensuing sexually explicit exchanges.
The only live issue was identity, as the defence conceded that whoever made the posts committed the offence but argued that another person used the accused's identity and the restaurant Wi‑Fi beneath his apartment.
Applying the W.(D.) framework, the court rejected the accused's testimony and found the circumstantial and admissions evidence overwhelming, including his police statement, his admitted sexual interest in children and his niece, and forensic evidence showing incest-related searches on his computer.
The court found the Crown proved beyond a reasonable doubt that the accused was the online user and entered findings of guilt on both counts.
