Lucas Triemstra

The accused was tried for assaulting his girlfriend's young son on four counts: one count of assault by choking and three counts of common assault.

The Crown alleged the accused picked the complainant up by his neck, threw him onto a bed, forced his head into a pillow, and on separate occasions slapped and kicked the complainant.

The sole issue was whether the Crown proved beyond a reasonable doubt that the accused intentionally committed the alleged acts.

The court accepted the complainant's evidence as credible and reliable, rejected the defence evidence from the complainant's mother as unreliable, and found the Crown had proven all elements of each offence beyond a reasonable doubt.

The accused was convicted on all counts.

This criminal trial concerned charges of sexual assault and sexual interference against the defendant, B.(G.), involving his 10-year-old niece.

The central issue was the credibility and reliability of the complainant's and defendant's testimonies, as there was no independent corroborating evidence.

The court found the complainant's evidence to have inconsistencies, though not necessarily undermining her truthfulness, and the defendant's testimony, despite some confusion and a criminal record, did not lead to a conclusion of untruthfulness.

Applying the principles of reasonable doubt, the court determined that the Crown had not proven the charges beyond a reasonable doubt, and therefore, dismissed the charges.