Maya Borooah

The accused was charged with multiple sexual offences relating to alleged conduct toward a young complainant while she stayed at his home during school holidays.

The court assessed credibility primarily through the W.(D.) framework, focusing on inconsistencies and corroborating details in the testimony of the complainant, the accused, and family members.

The court accepted the complainant’s evidence that the accused briefly touched her vagina under the pretext of applying ointment, establishing sexual assault and sexual interference beyond a reasonable doubt.

However, the court was left with reasonable doubt regarding other alleged sexual touching during a movie and regarding whether pornography shown to the complainant was intended to facilitate sexual exploitation.

The accused was convicted on two counts and acquitted on the remaining counts.

The offender was convicted of sexually abusing his stepdaughter between the ages of four and twelve.

The Crown sought a seven-year penitentiary sentence, while the defence sought a conditional sentence or reformatory term, citing the offender's mental health issues, lack of criminal record, and the historical nature of the offences.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for sexual offences against children.

The court sentenced the offender to five years' imprisonment, balancing the profound harm caused to the victim against the offender's mental illness and rehabilitative efforts.