The accused was charged with sexual assault, robbery, and uttering threats arising from a violent attack at a Toronto bus stop.
The complainant identified the accused in court and the Crown relied on circumstantial evidence including DNA on a hat found at the scene and the accused’s presence near the location that night.
The court found significant inconsistencies between the complainant’s descriptions of the attacker and the accused’s actual appearance, including eye colour, hair colour and length, and a missing front tooth.
The court also attached very little weight to the in‑court identification because no photo line-up including the accused had ever been conducted and the identification occurred years later.
Considering the frailties of eyewitness identification evidence and applying the principles from R. v. W. (D.), the court concluded that the Crown had not proven identity beyond a reasonable doubt.