Justice Paul H. Reinhardt

The accused was charged with sexual assault against a minor complainant over a period of approximately one year.

The Crown presented evidence from the complainant and his younger sister, both under 18 years old, supported by video-recorded statements under section 715.1 of the Criminal Code.

The accused denied all allegations.

The court found the complainant's testimony credible and reliable, noting the plausibility of the evidence, corroboration from the sister's testimony, and internal consistency with the narrative.

The court convicted the accused of sexual assault, finding that the Crown had proven the allegation beyond a reasonable doubt, though the court could not establish that the touching commenced prior to the complainant's sixteenth birthday.

Three young persons were charged with aggravated assault, possession of a weapon, and armed robbery arising from an incident at a hotel in Toronto on December 20, 2014.

The Crown's case relied primarily on in-court identification evidence from two witnesses who had failed to identify the accused in photo line-ups conducted shortly after the incident.

The court found that the identification evidence was fraught with serious deficiencies, including the witnesses' prior exposure to a YouTube video featuring the accused, inconsistencies in witness statements, and the generic nature of the descriptions provided.

The court concluded that the Crown had failed to prove the identity of the perpetrators beyond a reasonable doubt and acquitted all three accused on all counts.