K. Doherty

The appellant appealed both his conviction and sentence for sexual assault against his stepdaughter.

The appellant argued that the trial judge applied a higher level of scrutiny to his evidence than to the Crown's evidence, and failed to adequately address the improbability of the assaults occurring in the family room with the mother potentially nearby.

The Court of Appeal upheld the conviction and sentence, finding that the trial judge's reliance on the appellant's admissions at the time of arrest was well-founded and that his assessment of the evidence disclosed no error.

The accused applied to quash search warrants issued on May 11 and May 12, 2013 and to exclude evidence under ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms.

The court reviewed whether the Information to Obtain provided reasonable grounds and whether police conduct during searches of multiple properties was constitutional.

The court found that a warrantless search of the accused’s aircraft hangar violated s. 8 and that evidence seized from the hangar should be excluded.

However, the court upheld the validity of the search of the accused’s residence and admitted evidence relating to an incineration device and associated forensic evidence discovered on rural property.

Applying the Grant framework, the court concluded that admission of the latter evidence would not bring the administration of justice into disrepute.