M. D. was charged with sexual interference and sexual assault against his granddaughter, M. V., alleged to have occurred in 2008.
The complainant testified that the defendant sexually assaulted her while she was watching television.
The defendant denied the allegations, citing his severe mobility issues due to Paget's disease, which would have made the alleged actions physically impossible within the described timeframe.
The court applied the principles from R. v. W.(D.) regarding credibility and reasonable doubt.
While finding the complainant believable, the court found the defendant's and his son's evidence regarding his physical limitations credible, creating a reasonable doubt as to whether the incident could have occurred as described.
The defendant was acquitted.