Roger Frappier

The accused was charged with six counts of sexual abuse against a child complainant: two counts of invitation to sexual touching, two counts of sexual interference, and two counts of sexual assault.

The Crown alleged that the accused, who was in a relationship with the complainant's mother and living in the home, sexually abused the child on multiple occasions in the bathroom and principal bedroom when the mother was at work.

The accused denied all allegations.

The trial judge found the complainant credible and reliable on the core elements of the abuse, rejected the accused's evidence as not credible, and found that DNA evidence (semen on the complainant's underwear) corroborated the complainant's account.

The accused was found guilty on all six counts.

The appellant, P.K., appealed his convictions for sexual assault and sexual interference involving his 15-year-old niece.

The appeal raised two grounds: the trial judge's response to a jury question concerning forensic evidence and the instruction given on the complainant's videotaped statement under s. 715.1 of the Criminal Code.

The Court of Appeal found that the trial judge's response to the jury's request for a read-back of expert testimony was appropriate, given the practical difficulties and the lack of material prejudice.

The court also affirmed that the instruction on the s. 715.1 statement was correct, as such statements are admissible for their truth and as part of the in-court testimony.

The appeal was dismissed.

The accused was tried for second-degree murder after stabbing the deceased 28 times following a meeting arranged online.

The accused admitted to the killing but claimed she acted in self-defence or, alternatively, was provoked by an unwanted sexual advance and a threat with a knife.

The court rejected the accused's version of events due to significant credibility and reliability issues, finding the response entirely disproportionate to any potential threat.

The court concluded the Crown proved the requisite intent for murder and disproved both self-defence and provocation beyond a reasonable doubt, resulting in a conviction for second-degree murder.

The accused was charged with sexual assault.

The complainant, a 16-year-old, became highly intoxicated at the accused's residence and was unable to consent to sexual activity.

Witnesses observed the complainant naked from the waist down with the accused, and DNA evidence linked the accused to spermatozoa found on the complainant.

The court found the accused guilty, concluding beyond a reasonable doubt that a sexual assault occurred while the complainant was incapacitated.

The Crown sought to admit expert evidence in a first-degree murder trial.

The court, acting as gatekeeper, reviewed the qualifications and reports of seven proposed expert witnesses.

While the defence conceded the admissibility of most experts, the court ruled on the scope of their evidence.

The court accepted experts in DNA analysis, photogrammetry, gunshot residue, and firearms examination.

However, the court expressed concerns regarding the clarity of reports and the current qualifications of two experts in phone analysis and phone functionality, requiring further clarification or a voir dire before their evidence could be admitted.

The young person accused was charged with sexual assault following an encounter with a heavily intoxicated complainant in a parking lot.

The complainant had limited memory of the events but recalled being held down and repeatedly saying no.

DNA evidence confirmed the presence of the accused's bodily fluids on the complainant.

The court found that the complainant's advanced state of intoxication rendered her incapable of consenting, and that she had also expressed her lack of consent.

The accused was found guilty of sexual assault.

A young person was charged with sexual assault of a 19-year-old complainant following an incident in a wooded area behind apartment buildings in Scarborough in the early morning hours of July 30, 2016.

The complainant was heavily intoxicated at the time.

The court found that the Crown proved beyond a reasonable doubt that the complainant neither had the capacity to consent nor did she express any consent to the sexual activity.

The court convicted the accused of sexual assault.