The accused, Simranjit Singh, was charged with sexual assault contrary to s. 271 of the Criminal Code.
The case involved three alleged instances of non-consensual touching of the complainant, A.B., including pouring oil, attempting to spoon, and digital penetration, all of which the accused denied.
The court assessed the credibility and reliability of both the complainant and the accused, finding the accused's testimony not credible due to multiple inconsistencies and attempts to mislead.
The court accepted the complainant's evidence beyond a reasonable doubt, finding that the touching was intentional, objectively sexual, and occurred without consent, with the accused knowing or being wilfully blind to the lack of consent.
The accused was found guilty of sexual assault.
