P. Woods

The accused was tried on two counts of sexual assault and two counts of sexual touching involving two complainants who were children at the time of the alleged events.

The trial judge accepted the complainants as credible and sympathetic witnesses, but held that credibility alone did not satisfy the criminal burden of proof.

Applying the W.(D.) framework, the court found a reasonable doubt on the essential elements of intention and sexual purpose because the evidence did not establish that the accused was awake or conscious during the touching incidents.

The accused was acquitted on all counts.

The Crown prosecuted a multi-count fraud trial arising from an alleged scheme involving fictitious businesses, false financial statements, staged site visits, and front persons used to obtain business loans and lines of credit from institutional lenders.

The court conducted an extensive similar act analysis under Handy and Arp, admitting cross-count evidence for most counts because of the striking similarities in the scheme and the distinctive recurring role of the bookkeeper/accountant liaison, but excluding certain weaker counts.

The trial judge found the accused guilty on the majority of fraud, attempt, money laundering, and possession-of-proceeds counts, relying on a combination of banker testimony, documentary evidence, phone records, geolocation evidence, handwriting and fingerprint evidence, and similar act reasoning.

The accused was acquitted on several counts where identity or participation was not proven beyond a reasonable doubt, including the criminal organization counts because the Crown failed to prove sufficient structure and cohesiveness.