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Pre-sentence report struck and new report ordered due to reliance on unproven allegations and unfairness.
Following a guilty plea, the offender brought an application to strike the pre-sentence report (PSR) and order a new one.
The court found the PSR contained multiple deficiencies, including reliance on unproven police allegations, inappropriate contact with the victim's family, failure to gather collateral information, and failure to accommodate the offender's Parkinson's disease.
The court concluded the PSR did not meet the standard of fairness required by s. 721 of the Criminal Code.
The application was granted, the PSR was struck, and a new report by a different probation officer was ordered.
A youth was acquitted of assault due to reasonable doubt arising from inadvertent witness tainting.
A young person, QF, was charged with assault.
The complainant, MH, testified that QF assaulted her after a consensual kiss.
QF denied the incident and presented alibi evidence, including surveillance footage.
The court found QF's testimony incredible due to inconsistencies.
However, despite finding MH's account generally truthful, the court found a reasonable doubt due to "collusion and tainting" between MH and another complainant (ST), as MH admitted her motivation to report was to "back up" ST.
The court also strongly rejected the defence's argument that prior consent to minor touching implied consent to further, non-consensual acts.
Ultimately, QF was acquitted due to reasonable doubt arising from the tainting of the complainant's evidence.
