H. A. Patrick Little

Mohamed Ali was found guilty of sexually assaulting LSM.

This decision concerns his sentencing.

The Crown sought 2-3 years imprisonment and ancillary orders (DNA, SOIRA, weapons prohibition, no-contact order).

Defence sought a 6-month conditional sentence.

The court imposed a two-year term of imprisonment, finding that a conditional sentence was inappropriate and that nothing short of a penitentiary sentence would be suitable given the gravity of the offence and its significant impact on the victim.

The court also imposed all ancillary orders requested by the Crown.

This criminal trial concerned a charge of sexual assault against Mohamed Ali, who was accused of non-consensual vaginal intercourse with the complainant, LSM.

The accused denied vaginal intercourse, claiming other sexual touching was consensual.

The court applied the principles of R. v. W.(D) to assess the conflicting evidence.

The accused's testimony was found to be inconsistent and not credible, particularly regarding his statements about ejaculation and his responses to the complainant's accusations.

The complainant's evidence was deemed credible and corroborated by forensic evidence (presence of the accused's semen in her vagina) and the accused's post-incident text messages.

The court rejected defence arguments based on "rape myths" concerning the complainant's behaviour and found that a breach of the Browne v. Dunn rule by defence counsel did not affect the outcome.

The accused was found guilty of sexual assault.