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Child complainant’s recognition evidence proved identity and guilt beyond a reasonable doubt.
Following a criminal trial involving sexual offences against a child, the court found the complainant credible and reliable on the core allegations notwithstanding inaccuracies about dates and some peripheral details.
The central issues were opportunity and identity, with the defence arguing that the complainant may have confused the accused with other male partners of her mother.
Applying the W.(D.) framework, the law governing child witnesses, and the caution applicable to recognition evidence, the court held that the complainant’s repeated interactions with the accused, corroborative surrounding evidence, and the totality of the record established identity and opportunity beyond a reasonable doubt.
Findings of guilt were entered on counts of sexual assault, sexual interference, and invitation to sexual touching.
Custody Case allowed
Norman Ellis pleaded guilty to one count of sexual exploitation under section 153(1)(b) of the Criminal Code.
The court considered whether the sentence should be served in custody or in the community.
The Crown sought a five-year penitentiary sentence; the defence sought less than two years to allow for a conditional sentence.
The court reviewed the facts, aggravating and mitigating factors, and relevant sentencing principles, ultimately imposing a five-year custodial sentence.
The decision discusses the gravity of sexual offences against minors, the impact on the victim, and the unavailability of a conditional sentence in these circumstances.
