G. Brotherston

The 18-year-old accused was charged with internet luring, sexual assault, and sexual interference involving a 13-year-old complainant he met on Facebook.

The court acquitted the accused of the luring charges, finding a reasonable doubt as to whether his specific intent during the online communications was to facilitate a sexual offence, given the context of two teenagers talking and the complainant initiating the sexualized conversation.

However, the court convicted the accused of sexual assault and sexual interference, rejecting his testimony and accepting the complainant's evidence that they had sexual intercourse when she visited his home.

The accused, charged with kidnapping, robbery, aggravated assault, forcible confinement, and attempted murder, applied for a review of a detention order.

The reviewing judge applied the deferential standard of review from St-Cloud, finding no error in the Justice of the Peace's admission of a co-accused's statement or the evaluation of the proposed sureties.

The court upheld the detention on both the secondary ground, citing concerns about the accused's stability following a random and inexplicable attack, and the tertiary ground, given the violent nature of the crime, overwhelming evidence, and vulnerability of the victim.

The bail review was dismissed.