Following a judge-alone criminal trial subject to a publication ban, the court considered allegations that the accused sexually touched a teenage complainant, including touching her breast and later her vagina, while he was in a relationship with the complainant's mother.
The central issue was credibility and reliability, assessed through the W.(D.) framework in light of conflicting evidence, delayed disclosure, text messages, post-event conduct, and alleged motive to fabricate.
The court rejected the accused's explanation that the complainant's complaint related to his drug use, accepted the complainant's evidence as credible and reliable, and found corroborative support in the contemporaneous text message and other surrounding evidence.
The Crown proved both sexual assault and sexual interference beyond a reasonable doubt.
