In a judge-alone criminal trial involving sexual assault allegations arising during driving instruction sessions, the court assessed a credibility contest between the complainant and the defendant.
The court found significant inconsistencies in the complainant's evidence, including omissions concerning alleged physical evidence and repeated assertions of lack of memory in cross-examination.
The defendant's denials were accepted as direct and credible.
Applying the criminal burden of proof and referring to the W.(D.) framework, the court concluded the Crown had not proven the charges beyond a reasonable doubt and dismissed both counts.
