Judge-alone criminal trial on charges of sexual assault and sexual interference arising from allegations by a child against her mother's live-in boyfriend.
The Crown relied primarily on the complainant's evidence and her prior video statement admitted under s. 715.1 of the Criminal Code.
Applying the W. (D.) framework and reasonable doubt principles, the court found the accused's denial was not undermined on its face and that the complainant's account contained significant inconsistencies on material matters, including frequency of abuse, opportunities for the offences to occur, the alleged money payments, and the circumstances of disclosure.
The court held the Crown had not proven the offences beyond a reasonable doubt and entered acquittals on both counts.
