Justin Tse-Ken Chan

J.B. was found guilty of assault bodily harm in a domestic context following a trial.

The Crown sought 9-12 months custody, while the defence requested time served (18 days equivalent) and probation.

The court emphasized general deterrence and denunciation as primary sentencing factors for domestic assault, noting the aggravating factors of the victim's conditioning to abuse, the presence of a child during part of the incident, and the offender's lack of remorse and victim-blaming.

Mitigating factors included cooperation with police, stable employment, and a dated, unrelated criminal record.

The court imposed a sentence of 108 days in custody (90 further days intermittently after 18 days credit), 36 months probation, a DNA order, a 10-year weapons prohibition, mandatory domestic violence counselling, and 100 hours of community service.

This case involved allegations of sexual touching and sexual assault against a four-year-old complainant (J.M.) by the accused (H.C., referred to as Uncle A.).

The court assessed the credibility and reliability of J.M.'s evidence, including a videotaped police interview and trial testimony, against the accused's flat denial.

Despite J.M.'s general competency, significant internal inconsistencies in her statements regarding whether the incident occurred, whether she saw the accused's penis, and the colour of the penis, raised a reasonable doubt.

The court applied principles for assessing child witness credibility and the R. v. W. (D.) framework, ultimately finding that the Crown failed to prove guilt beyond a reasonable doubt.

The accused was acquitted on all counts.