L. Fritzley

The accused, a 25-year-old resident of a women's shelter, was charged with sexual assault, sexual interference, and assault against a 14-year-old boy, and sexual assault and sexual interference against his 12-year-old sister.

The court found the child witnesses and shelter staff credible, despite minor inconsistencies, and applied the W.(D.) framework to assess reasonable doubt.

The accused was found guilty of the sexual offences against both children but acquitted of the simple assault charge due to vague evidence.

The Crown sought a peace bond under s. 810 of the Criminal Code against the defendant following a marital separation.

At the close of the Crown's case, the defence brought a motion for a non-suit.

The court applied the Sheppard test to determine if there was any evidence upon which a reasonable trier of fact could find the elements of the application met.

The court found that while there was some evidence the complainant harboured fear, there was no evidence that such fear was objectively reasonable, especially given the passage of time and lack of contact between the parties.

The motion for non-suit was granted and the application for a peace bond was dismissed.