The Crown appealed the respondent police officer's acquittal on two counts of sexual assault.
At trial, the Crown relied on similar fact evidence from two complainants who alleged the respondent sexually assaulted them in his marked police vehicle after offering them rides home.
The trial judge acquitted the respondent, finding the complainants' evidence unreliable and concluding the similar fact evidence could not assist.
The Superior Court of Justice allowed the appeal, finding the trial judge erred by adopting a siloed approach to the similar fact evidence, failing to consider the improbability of coincidence, and misapprehending the Crown's reliance on extrinsic similar acts.
A new trial was ordered.
