Following a criminal trial involving sexual offences against a child, the court found the complainant credible and reliable on the core allegations notwithstanding inaccuracies about dates and some peripheral details.
The central issues were opportunity and identity, with the defence arguing that the complainant may have confused the accused with other male partners of her mother.
Applying the W.(D.) framework, the law governing child witnesses, and the caution applicable to recognition evidence, the court held that the complainant’s repeated interactions with the accused, corroborative surrounding evidence, and the totality of the record established identity and opportunity beyond a reasonable doubt.
Findings of guilt were entered on counts of sexual assault, sexual interference, and invitation to sexual touching.
