James Charlton Dunda

The court considered charges of sexual interference, invitation to sexual touching, making sexually explicit material available to a person under 16, and assault against E.V. involving two complainants, S.A. and K.A., who were sisters.

The court analyzed the admissibility and weight of similar fact evidence, the credibility and reliability of the complainants and the accused, and the requirements for conviction on each count.

E.V. was found guilty of sexual interference in relation to K.A. (the car incident), and not guilty on the remaining charges.

The offender was found guilty of one global count of sexual assault and one global count of invitation to sexual touching involving his biological daughter, aged 11-14, over a four-year period.

The court emphasized denunciation and general deterrence due to the breach of trust and vulnerability of the victim.

The offender, a 65-year-old first-time offender, received a four-year concurrent sentence for sexual assault and two years for invitation to sexual touching, along with ancillary orders including a firearms prohibition, DNA order, no-contact order, and SOIRA registration.

The accused, Coltt Roberts, was charged with aggravated assault and breach of two probation orders.

The case was circumstantial, relying on video evidence, DNA, and the testimony of the victim's son, as the primary witness's (Ms. McKenzie's) testimony was deemed unreliable due to inconsistencies and potential manipulation.

The court applied the rule in Hodge's Case, finding that the reliable evidence established the accused's exclusive opportunity and motive to assault the victim.

The court dismissed alternative explanations as speculative and found the accused guilty beyond a reasonable doubt of aggravated assault and breach of probation.