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Conviction for sexual interference restored despite variance between indictment dates and trial judge's findings.
The respondent was charged with sexual interference with his daughter.
The indictment alleged the offence occurred between April 1 and May 31, 2002.
The trial judge convicted the respondent based on an incident occurring after September 22, 2002.
The Court of Appeal set aside the conviction, finding trial fairness was compromised.
The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, holding that the exact time of the offence was not material and the defence, which was based entirely on credibility, was not prejudiced.
