Mr. A. Shatto

The accused was charged with sexual assault, sexual interference, and invitation to sexual touching involving a complainant who was under sixteen years old at the time of the alleged incidents.

The case turned primarily on credibility, with only the complainant and the accused testifying.

The court rejected the accused’s testimony as unreliable but nonetheless found that the Crown had not proven the allegations beyond a reasonable doubt.

Concerns included the absence of corroborative evidence, inconsistencies in the complainant’s statements on material points, and aspects of the account that appeared implausible.

Applying the criminal standard of proof and credibility principles including those discussed in R. v. W.(R.), the court concluded that a reasonable doubt remained.

The accused was charged with two counts of sexual assault and two counts of sexual interference involving a complainant who was under 16 at the time of the alleged incidents.

The trial proceeded with testimony from the complainant and the investigating officer, and the defence called no evidence.

The court reviewed governing principles regarding the assessment of child witness testimony, including that inconsistencies on peripheral matters should be evaluated in light of the witness’s age and that corroboration is not required.

After identifying significant inconsistencies and credibility concerns in the complainant’s evidence, and noting that the accused’s unusual police interview did not amount to an admission, the court concluded the Crown had not proven the essential elements beyond a reasonable doubt.

The accused was acquitted on all counts.