CITATION: R. v. Smith 2017 ONSC 6308
COURT FILE NO.: CR-17-30000050-0000
DATE: 20171219
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
JASON JEFFREY SMITH
Jason Balgopal, for the Crown
Victoria Tatsis-Yeh, for the Applicant
HEARD: October 16, 17 and 18, 2017
G. DOW, J.
REASONS FOR JUDGMENT
[1] Jason Jeffrey Smith (“Jason Smith”) is charged with the following offence:
(a) that he, on or about the 27th day of February in the year of 2015 at the City of Toronto in the Toronto Region did commit a sexual assault on AW contrary to Section 271 of the Criminal Code of Canada.
[2] The defendant re-elected at the opening of trial to proceed without a jury. The Crown consented and the matter proceeded by Judge alone.
[3] At the outset of the trial, I made an order under Section 486.4(1) of the Criminal Code prohibiting the publishing of the identity of the complainant or information that could disclose her identity. I also made an order excluding witnesses.
[4] At the opening of the defendant’s case, I heard submissions about whether to limit cross-examination of the defendant pursuant to R. v. Corbett, 1988 80 (SCC), [1988] 1 S.C.R. 670. As part of those submissions, the Crown noted the conviction on March 18, 2005 required correction to just assault. Before rendering my ruling, the Crown agreed to limit its cross-examination of Jason Smith on the conviction of June 23, 2014 to only assault and counsel for Jason Smith agreed. As a result, the application was withdrawn.
Background Facts
[5] The parties agreed to the following facts, marked as Exhibit 1:
(a) Officer Clark met Ms. AW after she reported the incident at B[...] Way (1), on February 27, 2015;
(b) Officer Clark seized the gloves AW was wearing at that time;
(c) Those gloves were held in a secure fashion by the Toronto Police Service, so as to avoid contamination;
(d) Those gloves were submitted to the Centre for Forensic Sciences;
(e) Officer Yelle arrested Mr. Jason Smith on April 2, 2015, at his home at B[...] Way (2), Unit […];
(f) On April 13, 2016, the Toronto Police obtained a warrant to obtain a sample of DNA from Mr. Smith, and said sample was taken; and,
(g) On June 9, 2016, The Centre for Forensic Sciences issued a report which concluded that the Defendant could not be excluded as the donor of the DNA sample found on the complainant’s glove, and that the random match probability was 1 in 220 Trillion.
[6] AW testified that she was travelling home by public transit on February 27, 2015. She was coming from her sales representative job at Y[…] Mall. She arrived at the S[…] Town Centre Station about 10:50 pm and was proceeding to walk to her residence nearby on O[…] Drive. Like the S[…] Town Centre Transit Station, her residence is on the south side of the S[…] Town Centre. She was talking to her mother on her cell phone by holding the phone in her right hand to her right ear. It was very cold and she was wearing snow boots, pants, bra and panties, a sweater, a sleeveless vest, winter coat, scarf and gloves. The winter coat had two layers, the inside attached by a zipper and the outside by fasteners. It was straight as opposed to fitted except at the waist. It came to her knees and was black. The scarf was around her neck.
[7] Her purse was over her left shoulder. She is 163 centimeters or 64 inches tall and weighed about 123 pounds at that time. She had straight black hair extending to her mid back also at that time.
[8] To the south of the S[…] Town Centre Transit Station is a walkway between a commercial building on the east and the rear of a condominium or apartment building on the west with an address of B[...] Way (2). The path leads to S[…] Civic Centre/A[…] Square which has a skating rink on its north side in the winter. The pathway turns west between the south side of B[...] Way (2) Way between this apartment building and the skating rink. The pathway meets where vehicles and the front entrance to B[...] Way (2) exits. This is adjacent to the condominium or apartment building to the west or B[...] Way (1).
[9] The road and path then turns to the southwest, south of B[...] Way (1) where it continues adjacent to B[…] Way. B[…] Way travels in a north-south direction between the S[…] Civic Centre on the east and the rear of a commercial building occupied by B[…] on the west. There is a parking lot on the south side of the B[…] building which can be accessed by pedestrians either by way of stairs closer to the B[…] building or by a landscaped area between the west sidewalk of B[…] Way and the parking lot.
[10] O[…] Drive is a short street that exists from the south west corner of this B[…] parking lot to B[…] Road. B[…] Drive travels north and south in front of the B[…] building but turns east at O[…] Drive to intersect with B[…] Way.
[11] AW testified she began to feel she was being followed as she reached B[…] Way. The individual was about four or five steps behind her. As a result, she did not take the steps beside the rear of the B[…] building but continued along B[…] Way to the landscaped area where she could walk up and into the parking lot. In cross-examination, she testified that she stopped suddenly at the landscaped area and the person she believed was following her continued along B[…] Way. She then continued up the landscaped area towards the parking lot.
[12] When in the parking lot, she testified suddenly being attacked from behind. In cross-examination, she acknowledged being jumped with that persons’ arms around her waist as she is knocked to the ground with the individual, as acknowledged by Jason Smith, to be on top of her.
[13] As she struggled, she felt a hand on her crotch and inner thighs. There was a feeling of an attempt to pull her pants down and the pressure of his fingers against her vaginal area as if trying to poke through her pants which did not occur.
[14] As part of struggling, she turned to her right. She dropped her cell phone and removed her gloved left hand from her coat pocket. She was kicking and screaming during which the three larger fingers of her left hand went into Jason Smith’s mouth and she yanked down as hard as she could.
[15] As part of her cross-examination, she estimated struggling for between 45-120 seconds from when forced to the ground to Jason Smith being off her and both of them standing. She denied Jason Smith’s efforts were consistent with his trying to get up and disagreed with this being suggested to her.
[16] When standing, AW testified she continued to yell and swear at Jason Smith while she retrieved her phone. She admitted her questions of “What the hell?” and “What the fuck?” was met with similar statements from Jason Smith. She agreed his voice was low, not that clear, mumbling rather than slurring of words and without an accent. She realized she no longer had her purse and asked Jason Smith “Where is my purse?” He responded by pointing and saying “over there”, indicating a spot about 20 feet away slightly closer to her than to him.
[17] As she retrieved her purse, Jason Smith began walking away towards the S[…] Civic Centre. AW hangs up on her mother, begins to unlock her phone and call 911 as she starts to follow Jason Smith. She stopped following him when advised to do so by the 911 operator. At this point she was on the east side of B[…] Way near the southwest corner of the A[…] Square and Jason Smith was approaching a point between B[...] Way (1) and B[...] Way (2). Her route is marked in a red line on an overhead Google satellite picture marked as Exhibit 3.
[18] She admitted being near-sighted and was not wearing either her prescription glasses or contacts (-1.5 dioptres left and -1.75 dioptres right) that evening. I confirmed this correction was not sufficient to be a restriction on her driver’s license.
[19] At the direction of the 911 operator she remained on B[…] Way for about five minutes until the police cruiser arrived. The officers dispatched took possession of her gloves and brought her to the station where she provided a videotaped statement.
[20] A subsequent appointment was made between AW and a police sketch artist. Her description of Jason Smith as a rotund or chubby, short, almost bald hair individual with brownish, Hispanic skin that appeared to be in his late 20’s or early 30’s resulted in the sketch marked as Exhibit 2. She estimated his height as a head or one-half head taller than her and his weight at close to 200 pounds.
[21] In cross-examination, AW was confronted with her videotaped statement transcript that her evidence about the attempt to pull down her pants was volunteered as opposed to suggested to her by the interviewing officer. The latter is reflected at page 49 of the transcript. She testified being 70% certain of the former as being incorrect. In re-examination, she described how watching the video prior to testifying refreshed her memory and brought back additional details.
[22] Jason Smith, born September 10, 1979, testified he worked on February 27, 2015 until 4:30 pm. He came home to B[...] Way (2), showered and got something to eat. Around 7:30 pm, he went out to the nearby St. Louis Bar and Grill where he met two friends, Mike and Chris, for the purpose of having some beer and wings while watching the Raptor’s game. Specifically, he testified having six beers and a couple of shots of scotch before leaving around 9:00 pm and proceeded, with his friends to, All Star Wings on the northeast corner of E[…] Road and McGowan Road. He estimated this to be a five minute walk. While there, over the next 1 hour and 20 minutes, he consumed another five beers.
[23] During a cell phone call, which he estimated occurred between 9:00 – 10:00 pm, Jason Smith agreed to meet his girlfriend, Anna Larin, at the S[…] Town Centre Transit Station exit or the entrance to B[...] Way (2). She was travelling from her job in Mississauga by public transit. She had worked an 11:00 am to 8 pm shift at a B[…] call centre. They agreed he should be at these locations to meet her by 10:30 pm.
[24] He admitted to feeling “a little bit tipsy” upon leaving All Star Wings with his friends whom he walked with for some portion of the way. When their routes separated, he began to jog some portion of the route as he was admittedly late for meeting his girlfriend at 10:30 pm. He admitted the walk between All Star Wings and the S[…] Town Centre Transit Station is 15 to 20 minutes.
[25] The plan, after meeting his girlfriend, was to proceed to prepare some food at his place and watch a movie. According to Jason Smith, they would have spent the night together.
[26] In fact, his girlfriend, Anna Larin, and he were having problems. She had moved out of B[...] Way (2) about a month previously and was living with Jason Smith’s mother in her apartment in the Eglinton Avenue East and Victoria Park Avenue area. Anna Larin testified she was speaking to Jason Smith on a daily basis during this time. They saw each other about two or three times per week. While on route and closer to 10:00 pm, Jason Smith testified Anna Larin texted him not to be late given it was cold and she did not want to wait. Jason Smith testified (and Anna Larin confirmed) that she had no key to the unit at B[...] Way (2) nor the door lock fob necessary to gain access inside the building. This was despite having shared the unit with Jason Smith and subsequently visiting him there.
[27] Jason Smith testified he proceeded to the S[…] Town Centre Transit Station but did not see Anna Larin at this location. He did not go inside the station. In cross-examination, he also testified going by the rear and east side entrance to B[...] Way (2) which can only be accessed by the door lock fob. Jason Smith gave varying testimony about how close he got to the front entrance on the west side of B[...] Way (2). He testified getting about 10 feet away, such that he could see she was not in front of or beyond the first set of doors the public could access, and the locked second set of doors. To get past the second set of doors required the fob, telephone communication with a resident who remotely unlocked the door or to be let in by a security guard, if present, who was situated inside the second set of doors. Alternatively, he testified going inside the first set of doors to ensure Anna Larin had not been let inside by the security guard.
[28] Regardless, when he did not see her, he began calling her on her cell phone as he walked away from B[...] Way (2) in a southeast direction. She was not answering.
[29] He observed someone walking about 40 to 50 feet ahead of him wearing a winter jacket similar to the one Anna Larin owned and would be wearing. He continued to close the distance between the two of them by walking and jogging. He admits not calling out to her. He denies (who is actually) AW stopped at the bottom of the landscaped area before the south side parking lot to the B[…] building such that he was able to pass by. He did admit she stopped at this location as if to check her footing and before resuming walking on the landscaped area. This permitted him to get closer.
[30] Jason Smith admitted he caught up to AW in the parking lot but at a spot closer to the landscaped area than AW identified that contact occurred.
[31] As part of a practice of his to greet Anna Larin, he gave AW a bear hug from behind with his arms around her. At this moment he also slipped and fell forward on top of her. He then testified he used his hands and arms to lift himself up while AW is screaming at him as well as he at her. AW is swearing “What the hell?” and “What the fuck?” while he is also stating “What the hell?”
[32] During the time he is getting up from being on top of AW, he admits being slapped in the face, near his mouth and right cheek by AW’s gloved hand. He denies any placement of his hand on her upper legs, inner thighs or vaginal area. He denies pushing on AW’s vaginal area with his fingers or pulling of her pants.
[33] Jason Smith testified his first statement on getting up and AW screaming at him was “I didn’t do anything”. He agrees AW yells “Where is my purse?” and that he saw it nearby and pointed at it in response. He estimates it was only 10 seconds between falling on top of AW and them standing.
[34] In anticipation of his credibility being questioned, his criminal record was admitted to be:
Date
Charge
Sentence
September 8, 1997
Unlawfully in Dwelling House
Probation for 2 years
July 16, 1999
Fail to comply with Probation Order
$200.00 fine
April 26, 2000
Carry Concealed Weapon
Suspended Sentence and 24 months’ probation
July 10, 2000
Break and Enter & Theft
Suspended Sentence and 1 year probation
June 8, 2001
Carry Concealed Weapon
6 days plus 43 days served, 9 months’ probation and mandatory Probation Order under Section 109
February 23, 2004
Fraud Under $5000
Suspended Sentence and 18 months’ probation
March 18, 2005
Assault
3 days time served, suspended sentence and, 24 months’ probation plus Section 110 Order
June 23, 2014
Criminal Harassment and Assault
Suspended Sentence and 3 years’ probation plus Section 109 Order
[35] Jason Smith acknowledged he was still on probation at the time of this incident and understood his obligation to “keep the peace”.
[36] In cross-examination, Jason Smith admitted this was his first time going to trial. He was unfamiliar with the Toronto Raptor’s regular season schedule and believed he watched a live playoff game at St. Louis Bar & Grill, perhaps against Cleveland. Exhibit 5 was filed indicating the Raptors lost that evening to the Golden State Warriors 111 to 89. The game was played in Toronto. He was unfamiliar or incorrect about details of his girlfriend’s transit requirements to get her to the B[…] job in Mississauga stating she took the bus to the F[…] Station (rather than K[…]). He repeatedly referred to All-Star Wings as Wild Wings until this was pointed out to him. He testified Anna Larin gave up her door lock fob and keys to B[...] Way (2) when she moved out because she no longer needed them. He was aware if he had missed Anna Larin, she would likely have proceeded to walk southwest to the bus stop at E[…] Road and B[…] Road and to take the westbound bus as part of going to his mother’s place.
[37] Importantly, in cross-examination, Jason Smith admitted that after getting up from being on top of AW and realizing she was not his girlfriend, he did not say that he was sorry. He did not explain he thought AW was his girlfriend. He left first without offering to call for assistance, give his name, or indicate where he lived.
[38] Jason Smith testified Anna Larin is 65 inches tall or 165.1 centimetres and estimated her weight then to be 125 to 130 lbs. She has since gained 15 to 20 lbs.
[39] Jason Smith testified trying Anna Larin’s cell phone number on two or three occasions before succeeding in reaching her. He also tried his mother’s number once or twice without success. Neither had voicemail. Jason Smith testified reaching Anna Larin by phone after midnight. She was at his mom’s place and “pissed” with him for being late and causing her to walk to the bus station in the cold and dark, alone.
[40] She did not accept that he was only five minutes late. He raised with her having mistaken someone for her whom he hugged from behind.
[41] Jason Smith testified his weight in February, 2015 was 195 to 200 pounds or less than his current weight of 225 pounds.
[42] Anna Larin, born April 16, 1977 testified. She came to Canada from the Philippines in January, 2004. She continues to work for B[…] in a call centre. Her shift is now 7:30 am until 3:00 pm, unlike the variable shifts she worked in February, 2015.
[43] In February, 2015 she worked shifts at either the B[…] building on B[…] Drive referenced above or a Mississauga location near Eglinton Avenue East and Dixie Road in Mississauga.
[44] Anna Larin met and began a relationship with Jason Smith seven to eight years previously. In February, 2015 they were having difficulties and she moved out of B[...] Way (2) to Jason Smith mother’s place for a couple of months. During that time, they spoke every day on the phone and saw each other two or three times per week.
[45] Anna Larin does not have a criminal record. She is aware that Jason Smith has a criminal record. She was his surety in obtaining bail with regard to this offence and agreed in cross-examination that one of the three conditions was he was to reside with her. However, he was not residing with her in July, 2016 when police attended on a compliance check. She agreed and advised the police the relationship had ended the previous month and she did not know where he had moved. She was in contact with him daily and had an idea of where he was staying. She explained she thought this was adequate.
[46] On February 27, 2015, Anna Larin (correctly) believed it was a Friday. She worked an 11:00 until 8:00 pm shift at the Mississauga B[…] location. She spoke to Jason Smith on her cell phone after her work shift ended or between 8:00 to 8:30 pm. They agreed they would meet at the S[…] Town Centre Transit exit or B[...] Way (2) at 10:30 pm to eat and watch a movie at that location. Anna Larin made this call before calling a cab to take her to the K[…] Subway Station.
[47] Along the subway trip, between Victoria Park Avenue and Kennedy Road (where cell service was available) she texted Jason Smith that it was important for him not to be late. It was cold out and she was tired.
[48] She arrived at between 10:25 until 10:30 pm and looked for him at the S[…] Town Centre station exit and at B[...] Way (2) without success. Cold, tired and now upset, she proceeded to walk along the same route taken by AW but beyond where this incident occurred to the corner of E[…] Road and B[…] Road and the bus stop at that location. Before boarding the bus, she went into the Tim Hortons on the south side and purchased a takeout coffee to have on the 20 to 30 minute bus ride west on E[…] Road to Victoria Park Ave and a further southbound bus ride to Eglinton Avenue East. She arrived at Jason Smith mother’s residence in an estimated 30 to 45 minutes. She testified arriving at between 11:30 to 11:45, made and ate a sandwich and took a shower. Only then did she look at her phone and saw Jason Smith had tried to call her a couple of times. Jason Smith then called her as she was about to call him.
[49] Anna Larin testified they discussed her stressing to him to not to be late and his mentioning having accidently grabbed a woman that he thought was her and that they fell to the ground. She testified that when she is upset, Jason Smith will hug her and kiss her on the right cheek or neck from behind. In cross-examination she agreed this could be a problem if mistakenly done to someone that resembled her. She remembered all of this because he was arrested about one month later.
[50] Anna Larin testified that evening she was wearing boots, pants, gloves, a scarf around her neck and a black down filled winter coat with a front zipper that came to above her knee and a belt. In cross-examination she admitted it was down filled and bulky. She is 63 inches tall or 160 centimetres and weighs 150 to 160 pounds up from the 120 to 130 pounds she weighed in February 2015. Her straight black hair was mid-length (to her bra strap) in February, 2015.
[51] She is aware of Jason Smith’s friends, Mike and Chris, but does not know where they live. She is familiar with both St. Louis Bar & Grill and All Star Wings. She admitted that she loves Jason Smith very much and does not want him to go to jail. However, she testified that she is not prepared to lie to prevent him from going to jail.
[52] In cross-examination, she testified not checking her cell phone between exiting the S[…] Town Centre Transit Station and getting home. Her evidence about why she did not hear the ringing of her phone which would have occurred if Jason Smith made the calls to her that both she and Jason Smith testified occurred, was that she was upset. When this occurs, she doesn’t “hear anything”.
[53] She had no difficulty when she got to Jason Smith mother’s place connecting with Jason Smith’s mother on the phone when at the front door to gain access inside that apartment building. The ringing of the phone at Jason Smith’s mothers is “loud enough to hear”.
Analysis
[54] Counsel and I agree the correct approach is set out by the Supreme Court of Canada in R. v. W.(D.), 1991 93 (SCC), [1991] 1 S.C.R. 742. The first part of this three part test is to address whether the evidence given by Jason Smith denying his hand went between AW’s inner thighs, pulled on her pants, or pressed against her vaginal area is to be accepted. If accepted, he should be found not guilty of sexual assault.
[55] I should note at this stage, Jason Smith’s admission of putting a bear hug on AW from behind was not with consent. It was the intentional application of force to another person, AW. However, Jason Smith believed the hug was to Anna Larin. That belief, if accepted would not result in his having committed the lesser but included offence of assault under Section 265 of the Criminal Code.
[56] Regarding the offence of sexual assault on AW, I was not persuaded by his evidence and do not accept his denial of what did not occur. His denial of sexual contact with AW was undermined by the following:
(a) Jason Smith stated his belief the person he grabbed around the waist and fell to the ground with was his longtime girlfriend, which implied a relationship beyond platonic. In this regard, having observed the appearance of both AW and Anna Larin at trial, one can and I do logically conclude they would appear somewhat similar in appearance from behind. They were of similar stature and had similar length straight black hair in February, 2015. They both owned and were wearing a black winter coat and scarf on that evening;
(b) Jason Smith’s estimate of time and details of phone contact during the evening with Anna Larin and claims of unanswered calls to her fails to match that of Anna Larin. While it is uncontested her phone was working, Anna Larin’s evidence of speaking to Jason Smith after her work shift ended at 8:00 pm and before calling a cab to confirm their meeting that evening is sensible and significantly earlier than Jason Smith’s recollection of it being between 9:00 to 10.00 pm. Further, Anna Larin confirmed Jason Smith’s mother was home that evening and her phone was working and thus was audible. This calls into question Jason Smith’s evidence of having phoned his mother without success;
(c) Jason Smith’s poor recollection of other minor matters such as his girlfriend’s method and route of getting to work in Mississauga and being unaware of his bail condition to live with Anna Larin. These are all items that would or should not be clouded by alcohol consumption as occurred in the evening in question;
(d) Jason Smith’s submissions that the consumption of 11 beers and two shots of scotch between 7:30 and 10:30 pm left him feeling “a little bit tipsy” may explain his faulty recollection of events as the evening progressed;
(e) Jason Smith’s awareness that he was late to meet Anna Larin that evening and walking the route he that knew she would be taking to the bus stop at E[…] Road and B[…] Road but not calling out to the female person he was following on a cold and dark evening to confirm or attempt to confirm her identity as they were getting further away from his dwelling;
(f) Jason Smith’s admitted failure to apologize, offer assistance or remain at the scene and be identified after becoming aware of the person he had wrapped his arms around from behind and fell on top of, was not Anna Larin,
[57] As a result, I do not accept or believe his evidence about what transpired between when he wrapped his arms around AW’s waist while slipping and his standing in the parking lot facing an outraged and vocal AW.
[58] Having reached this conclusion, the next part is to address whether a reasonable doubt has been raised based on Jason Smith’s evidence. For the reasons stated above, I conclude that I do not have a reasonable doubt. His evidence about what occurred after he wrapped his arms around AW and when they were both standing again is neither credible nor does it raise a reasonable doubt. In saying that, I am totally mindful that the burden of proof is entirely upon the Crown to prove the commission of this offence beyond a reasonable doubt. There was no burden whatsoever on the accused at any time in this criminal case.
[59] Finally, I must address whether the Crown has satisfied its burden to prove each element of this offence beyond a reasonable doubt. This involves a consideration of all of the evidence.
[60] With regard to Jason Smith’s criminal record, I acknowledged its use is limited to assisting in evaluating the credibility of Jason Smith’s evidence and cannot be considered as a basis for Jason Smith’s propensity to have committed the offence. Further, it is well settled that the focus on utility of permitting cross-examination on an accused person’s criminal record should be on crimes involving offences of dishonesty such as fraud or theft or a lack of respect for the truth such as perjury. In this regard, I was referred to R. v. Saroya, (1994) 1994 955 (ON CA), 76 O.A.C. 25 at paragraphs 10 and 13. In this regard, Jason Smith pleaded guilty to fraud and theft on July 10, 2000 and February 23, 2004, respectively. This issue occurs in jury trials where they, as decision makers, instructed on the law by the trial judge, do not give reasons. I, on the other hand, must explain why and how I reach my conclusion. To that end, I find that Jason Smith’s prior criminal record was of no assistance in my evaluation of his credibility given the more compelling considerations detailed both above and below. It had no bearing on my consideration of whether or not Jason Smith committed a sexual assault on AW in the evening of February 27, 2015.
[61] I am aware and agree that disbelief of the accused evidence does not satisfy the burden of proof beyond a reasonable doubt. However, the vast majority of sexual assault prosecutions turn on the evidence of the two individuals involved in the conduct alleged.
[62] I accept AW’s evidence about being “attacked” as she described. This occurred from behind and was detailed to be having Jason Smith’s arms placed around her waist as she was knocked to the ground. She was clear and consistent in her recollection of events that evening. She resisted and immediately reported it to authorities. I accept her evidence that without her consent, Jason Smith’s hand moved to her inner thighs, pulled at her pants and his fingers pressed against her vaginal area as if trying to poke through her pants which did not occur. I was not directed to, but am reminded of the comment in R. v. D.D., 2000 SCC 43, [2000] 2 S.C.R. 275 at paragraph 65 that there is no rule about how “victims of trauma like a sexual assault will behave. Some will make an immediate complaint, some will delay in disclosing the abuse while some will never disclose the abuse.” AW chose to make an immediate complaint. I accept her evidence of struggling and the uncontested evidence that there was contact between her gloves and Jason Smith such that DNA was found on her gloves that had a random match probability of 1 in 220 trillion to that of Jason Smith.
[63] After long and careful thought, I have concluded, with an emphasis and factors favourable to Jason Smith, the Crown has satisfied its burden of proof and proving the guilt of Jason Smith beyond a reasonable doubt as to the offence of sexual assault under Section 271 of the Criminal Code.
Conclusion
[64] There will be a conviction under Section 271 of the Criminal Code. The evidence in this count has been proven beyond a reasonable doubt.
Mr. Justice G. Dow
Released: December 19, 2017
CITATION: R. v. Smith 2017 ONSC 6308
COURT FILE NO.: CR-17-30000050-0000
DATE: 20171219
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
JASON JEFFREY SMITH
REASONS FOR JUDGMENT
Mr. Justice G. Dow
Released: December 19, 2017