Shannon McDunnough

The appellant, a cocaine dealer, was arrested in possession of a loaded semi-automatic Ruger pistol, cocaine, and cash.

He was convicted of firearm and drug-related offences after a trial by judge alone.

On appeal, the appellant challenged his convictions on Charter grounds, arguing that police violated his rights to be free from arbitrary detention and unreasonable search when they entered a private backyard without permission.

The majority (Doherty and Brown JJ.A.) upheld the convictions, finding the police entry lawful under the implied licence doctrine and the detention justified by reasonable suspicion.

Lauwers J.A. dissented, finding the police entry unlawful and the detention arbitrary, and would have excluded the evidence and acquitted the appellant.

The accused was charged with sexual assault and touching a complainant for a sexual purpose allegedly occurring when the complainant was a child between 1999 and 2004.

The trial judge applied the credibility and reasonable doubt framework requiring consideration of the accused’s evidence, whether it raised a reasonable doubt, and whether the Crown’s case proved guilt beyond a reasonable doubt.

Although the complainant testified sincerely, the court identified significant reliability concerns arising from inconsistencies, contextual improbabilities, and uncertainty in the complainant’s recollection of key events and locations.

The accused provided clear denials and supporting evidence that was not rejected.

The court concluded that the Crown had not proven the charges beyond a reasonable doubt.