Kate D. Brindley

The accused was charged with sexual assault.

The complainant died prior to trial, and her evidence from the preliminary inquiry was admitted under s. 715 of the Criminal Code.

The core issue was whether the accused stopped sexual intercourse when the complainant withdrew her consent.

Applying the W.(D.) test for credibility, the court rejected the accused's evidence and accepted the complainant's version of events.

The accused was found guilty.

The accused commercial truck driver was charged with criminal negligence causing death after a fatal collision with an oncoming vehicle.

The Crown sought a conviction for the lesser included offence of dangerous driving, arguing the accused was fatigued from violating hours of service regulations and falsifying logbooks.

The court found that while the accused was fatigued and breached regulations, the Crown failed to prove the actus reus of dangerous driving beyond a reasonable doubt because there was no accident reconstruction evidence to establish how the collision occurred or to link the fatigue to a marked departure in the manner of driving.

The accused was acquitted.