Megan Ward

The accused was charged with sexually assaulting his wife during a period of marital breakdown.

The complainant alleged that the accused forced himself upon her, while the accused testified that the sexual encounter was consensual and initiated by the complainant.

Applying the W.(D.) framework for assessing credibility, the trial judge found inconsistencies in the complainant's testimony, particularly regarding her 9-1-1 call and initial statements to police.

The court concluded it could not resolve the conflicting evidence, leaving a reasonable doubt.

The accused was acquitted.

The accused, a 57-year-old dentist and artistic director of a Polish-Canadian children's dance troupe, was charged with possessing child pornography contrary to section 163.1(4) of the Criminal Code.

The Crown alleged that four photographs taken by the accused during a dance competition trip to Montreal depicted children under 18 years of age with their sexual organs or anal regions exposed as the dominant characteristic, for a sexual purpose.

The accused claimed the photographs were innocent documentation of group activities and horseplay.

The court found that the Crown established all essential elements of the offence beyond a reasonable doubt and rejected the accused's evidence as lacking credibility and logical consistency.

The court also found that the statutory defences under section 163.1(6) did not apply.

The accused was convicted.

The accused was charged with two counts of unlawfully being in a dwelling-house with intent to commit an indictable offence contrary to section 349(1) of the Criminal Code, and one count of theft under $5,000 contrary to section 334(b).

The Crown alleged the accused entered the complainant's residence on two occasions without lawful excuse: first in July 2010 to steal audio cassette tapes, and second in August 2010 to plant a listening device to intercept private communications.

The accused claimed he had a lawful excuse as the residence was a matrimonial home.

The trial judge found the accused guilty of the August 2010 entry but acquitted him of the July 2010 entry and theft charge.

The appellant pleaded guilty to robbery with a knife after holding a knife to the throat of a 70-year-old man.

He was sentenced to 4 years' imprisonment in addition to 12 months' credit for pre-sentence custody.

The appellant appealed the sentence, arguing it was excessive and that the trial judge failed to give sufficient weight to psychiatric evidence.

The Court of Appeal dismissed the appeal, finding the sentence fit given the serious nature of the offence and the appellant's lengthy criminal record.

The Crown sought leave to appeal an acquittal of a teacher charged with failing to report a suspicion of sexual abuse under the Child and Family Services Act.

The respondent, a teacher, learned of suspected abuse while acting as a volunteer director for a community basketball program, not during his professional teaching duties.

The Court of Appeal dismissed the application for leave, finding that the trial judge's conclusion that the information was not received in the course of professional duties was a question of mixed fact and law, and the Crown failed to show it was essential in the public interest to grant leave.