The accused was charged with multiple counts of sexual assault and common assault arising from four alleged incidents involving a former intimate partner.
The complainant testified that the assaults occurred in 2006 and were reported to police in 2011 after a custody dispute began.
Applying the credibility framework from W.(D.), the court found reasonable doubt regarding the first three alleged incidents due to inconsistencies and the delayed reporting despite earlier contact with police about another assault.
However, the court accepted the complainant’s testimony regarding a fourth incident involving sexual assault and a threat to cause bodily harm.
The accused was acquitted on the first five counts but convicted on counts relating to the final incident.
