The defendant, C.A., was charged with criminal harassment for watching or besetting the residence of T.K., the mother of his son, causing her to reasonably fear for her safety.
A related charge for breaching a probation order was acquitted.
The court assessed the credibility and reliability of the child witness, J.A., finding his testimony consistent and logical despite minor inconsistencies.
Applying the definition of "besetting" from R. v. Dapena-Huerta, the court found that C.A.'s conduct of returning to T.K.'s residential area, seeking out their son, and making statements indicating knowledge of their residence and T.K.'s habits, constituted besetting.
Considering C.A.'s history of violence against T.K., the court concluded that the Crown proved criminal harassment beyond a reasonable doubt.