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A young person was acquitted of public mischief after the court found an apology letter was coerced and the original statement was not substantially false.
A young person was charged with public mischief under section 140(1)(a) of the Criminal Code for allegedly making a false statement to police accusing another person of sexual assault and sexual exploitation.
The Crown's case relied heavily on an apology letter in which the accused appeared to admit lying about the allegations.
The court found that the letter was obtained through reprehensible tactics involving manipulation and coercion by the accused person and his lawyer, who used false promises of employment to pressure a third party to obtain the letter.
The court also found that the accused's original statement to police was not substantially false when compared to security video evidence.
The charge was dismissed.
The young person was found guilty of assault after an independent witness corroborated the complainant's account of an unprovoked roadside attack.
A young person was charged with assault arising from an altercation following a motor vehicle accident.
The Crown alleged the defendant used force without consent.
The defence claimed the force was consensual.
The court found the defendant guilty of assault, rejecting the defendant's credibility in favour of the complainant's account, which was corroborated by an independent witness.
The court applied the R. v. W. (D) framework and determined the defendant initiated an unprovoked attack and participated in kicking and punching the complainant while on the ground.
