S. Dudani

The accused was charged with three counts of sexual offences against his two stepdaughters.

The allegations spanned several years and involved both touching and intercourse.

The accused testified and emphatically denied the allegations, providing a detailed and credible account of events.

Applying the W.(D.) framework, the court accepted the accused's exculpatory evidence under the first prong, finding him entirely credible.

The court also found that even if the accused's evidence was not fully accepted, it raised a reasonable doubt under the second prong, and the frailties in the Crown's evidence raised a reasonable doubt under the third prong.

The accused was acquitted on all counts.

The accused pleaded guilty to possession for the purpose of trafficking cocaine, fentanyl, and heroin, and possession of a weapon.

The court accepted a joint submission for a sentence of three years and nine months, less pre-sentence custody credit.

The court considered the accused's Aboriginal background, traumatic childhood, and substance abuse issues, as well as the aggravating nature of the highly addictive drugs involved.

At the accused's request, the remaining sentence was structured as two years to allow him to serve it in a federal penitentiary where he could access programming.