The Crown appealed a majority decision of the Court of Appeal for British Columbia that ordered a new trial for an accused convicted of sexual assault and sexual interference.
The Court of Appeal majority found the trial judge erred in the jury charge regarding the indictment, in responding to the jury's question during deliberations, and in failing to provide further credibility instructions.
The Supreme Court of Canada allowed the appeal substantially for the reasons of the dissenting judge, finding the trial judge's charge and response to the jury's question were adequate.
Three additional issues raised by the respondent for the first time at the Supreme Court — character evidence limiting instruction, prior consistent statements, and interpretation of 'single transaction' under s. 581(1) of the Criminal Code — were addressed but did not require a new trial.
Convictions for sexual assault restored and judicial stay on sexual interference count maintained.
