The Crown appealed the acquittal of a young person, S.B., on a charge of sexual assault.
The Crown argued the trial judge made a palpable and overriding error of fact regarding the complainant's certainty that the accused heard her express non-consent, and erred in law or mixed fact and law by failing to establish the accused's knowledge of absence of consent.
The appeal court dismissed the appeal, finding the trial judge's reasons functionally adequate.
The court clarified that the trial judge did not make the factual findings attributed by the Crown, but rather expressed reasonable doubt regarding the complainant's credibility and the reliability of her evidence, particularly concerning inconsistencies in timing and the purpose of being at the location of the alleged assault.
