Gursharan Gill

The defendant was charged with sexual assault and sexual interference against a child victim.

The Crown alleged that the defendant touched the victim's vaginal area and kissed her on the mouth during a visit to the victim's home in December 2016.

The defendant did not testify and challenged both the credibility of the victim's evidence and whether the Crown could prove the offence occurred within the six-month limitation period for summary conviction proceedings.

The court found the victim's evidence credible and reliable, and determined that the offence occurred in December 2016, within the limitation period.

The defendant was found guilty on both counts.

The accused was charged with sexual assault and sexual interference against an eight-year-old child.

The Crown proceeded summarily.

The defence argued the Crown failed to prove the offences occurred within the six-month limitation period and sought a mistrial.

The court applied R. v. Parkin, holding that an acquittal, not a mistrial, is the proper remedy if the Crown fails to prove the offence occurred within the limitation period.

The court found the child's evidence credible and reliable, and determined the offences occurred in December 2016, within the limitation period.

The accused was found guilty of both charges.