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The court dismissed the accused's application to adduce evidence of prior sexual activity, finding it constituted impermissible twin-myth reasoning.
The accused applied under section 278.93 of the Criminal Code to adduce evidence of prior sexual activity with the complainant and to use records of communications between them.
The application concerned two counts of sexual assault.
The court dismissed the application, finding that the proposed evidence of prior sexual activity constituted impermissible twin-myth reasoning and was not capable of being admissible.
The court held that the evidence did not address how consent was communicated and therefore could not support a defence of honest but mistaken belief in communicated consent.
Additionally, regarding the allegation involving digital penetration while the complainant was asleep, the court found the evidence irrelevant to consent as an unconscious person cannot provide the required affirmative consent.
The court imposed an 18-month custodial sentence and a $100,000 restitution order for a large-scale employee fraud.
The accused, a 47-year-old American permanent resident and former Chief Financial Officer of Branham Group, was convicted after trial of fraud under section 380(1)(a) of the Criminal Code.
Between December 2009 and August 2010, she wrote 16 fraudulent cheques to herself totalling $83,322.68 and 38 fraudulent cheques to her spouse totalling $110,169.90, for a total of $193,492.58 drawn from the company account.
The fraud caused significant financial and emotional harm to the business owners.
The sentencing judge imposed an 18-month custodial sentence followed by 18 months probation, with a $100,000 restitution order, balancing the serious nature of the breach of trust and large-scale fraud against the offender's medical conditions and first-time offender status.
