Joseph Kappy

The accused, a former primary school teacher, was tried on multiple historical sexual offences against four male complainants spanning more than two decades.

The court applied the W.D. framework, admitted similar fact reasoning for three complainants, and found a consistent pattern of grooming and sexualized touching involving lap-sitting, touching of buttocks and genitals, and exploitation of the accused's role as a trusted teacher.

The court rejected the defence theory that the allegations were fabricated out of communal anger over an earlier unrelated allegation, and found the accused and his mother not credible.

The evidence of the complainants, supported in part by an independent student teacher witness, proved guilt beyond a reasonable doubt.

The Crown appealed a conditional discharge and refusal to make a DNA order imposed on the respondent for breaching a no-contact bail condition.

The respondent had met his wife for coffee while on bail for domestic assault charges.

The summary conviction appeal judge found no error in principle in the trial judge's reasoning and held that the sentence was not demonstrably unfit.

The refusal to order a DNA sample was also upheld, as a sample had already been ordered for the underlying assault conviction.

The appeal was dismissed.