Sandra Duffy

The defendant, Ahmed Rabah, was charged with two counts of sexual assault against A.D. and V.L. The Crown sought to admit similar fact evidence between the counts, but the court dismissed the application due to concerns about collusion and tainting of A.D.'s testimony by V.L.'s detailed account.

The court found A.D.'s testimony not credible due to inconsistencies and contradictions with V.L.'s testimony and objective evidence, leading to the dismissal of the charge related to A.D. Conversely, V.L.'s testimony was found credible and reliable, despite minor inconsistencies, and the court concluded that the Crown proved beyond a reasonable doubt that sexual contact occurred without V.L.'s consent and that Mr. Rabah had the requisite mens rea.

Mr. Rabah was convicted of the sexual assault against V.L.

The accused pleaded guilty to attempting to break and enter a dwelling house with intent to commit an indictable offence and theft under five thousand dollars.

The Crown sought a global sentence of twelve months less pre-sentence detention credited at 1.5 to 1, followed by three years probation.

The defence sought time served plus two years probation, emphasizing the accused's difficult personal history as a Kurdish Convention refugee and the minimal nature of the offences.

The court imposed a sentence of time served plus one day in gaol on the attempt charge, with fifteen days concurrent on the theft charge, followed by three years concurrent probation.

The court considered collateral consequences under immigration law but found no risk of deportation given the accused's protected status as a Convention refugee.