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The accused was found guilty of assault, sexual assault, mischief, and breaching probation after the court accepted the complainant's corroborated testimony.
The accused, Eric Richard Marshall, was charged with assault, sexual assault, mischief, and two counts of failing to comply with probation orders stemming from incidents on October 19-20, 2017.
The trial involved contradictory evidence between the complainant (PB) and the accused.
The court assessed the credibility and reliability of both witnesses, finding the complainant's evidence credible and corroborated by external evidence (e.g., Facebook messages, 911 call, DNA evidence), while rejecting the accused's testimony due to significant inconsistencies and lack of believability.
Applying the principles from R. v. W.(D.), the court found the accused guilty beyond a reasonable doubt on all five counts.
The court rejected the accused's sexsomnia defence, finding his expert biased and his memory loss likely due to an alcoholic blackout, resulting in a conviction for sexual assault.
The accused was charged with sexual assault following an incident at a party on February 11-12, 2011.
The defence raised the issue of sexsomnia (sexual activity during sleep), claiming the accused was not criminally responsible due to mental disorder.
The trial judge rejected the defence's evidence, finding the accused was awake and aware during the assault.
The judge found the expert evidence of Dr. Shapiro to be biased and unreliable, and rejected the accused's testimony as not credible.
The accused was found guilty of sexual assault.
