In a historical sexual offence trial involving two child complainants and their maternal uncle, the central issue was whether the court had jurisdiction because the accused may have been under 18 when the alleged offences occurred.
The court accepted the complainants as credible but found their evidence unreliable on timing, including their ages at the time and whether the events occurred before or after the accused's eighteenth birthday.
Applying authorities placing the burden on the Crown to prove adult court jurisdiction beyond a reasonable doubt once the issue is raised, the court held that burden was not met.
The charges were dismissed without any ruling on culpability.
