The accused was charged with eight sexual offences involving two young complainants, aged three and five years old, who were in his care at his home-based daycare.
The Crown sought to admit the out-of-court statements of both complainants to their parents and police through a Kahn application, arguing necessity and threshold reliability.
The trial judge found that both complainants would be unable to provide coherent testimony and that testifying would cause them undue trauma.
The court admitted the hearsay statements and found them reliable based on the circumstances of disclosure, the complainants' lack of knowledge of sexual conduct, and corroborating details.
The accused's defence was a simple denial.
The trial judge found the complainants' evidence accurate and reliable, and convicted the accused on all counts.
A Section 21 Mental Health Act assessment including a Sexual Behaviours Assessment was ordered prior to sentencing.
