Following a judge-alone criminal trial, the court considered disputed counts arising from an accused's conduct while subject to a long term supervision order at a community correctional centre.
The Crown proved that the accused used multiple cell phones and text-message deception to impersonate a real person known to the complainant, thereby inducing her to agree to sexual intercourse she would not otherwise have permitted.
The court also accepted the complainant's evidence that she was drugged and sexually assaulted in a hotel room, and that additional non-consensual sexual touching occurred during a later arranged sexual encounter whose scope had been strictly limited.
Applying the W.(D.) framework and the principle that delayed disclosure does not undermine credibility, the court convicted on the disputed counts and confirmed guilt on the conceded supervision-order breaches.
