Following a judge-alone criminal trial involving a continuing publication ban, the court considered historical allegations that the accused sexually assaulted the complainant over several years while in a position of trust as a stepfather.
The court refused the Crown's application to admit count-to-count similar fact evidence, finding the alleged similarities were not sufficiently distinctive and formed part of the charged conduct itself.
Applying the W.(D.) framework, the court found the complainant and supporting witnesses credible and reliable, rejected the accused's denial evidence, and held that the Crown proved the remaining sexual assault and sexual interference counts beyond a reasonable doubt.
Guilty verdicts were entered on nine counts.
