Shelby Marissa Ernst

The accused, R.M., was charged with sexual assault and touching a person under 16 for a sexual purpose, involving his adoptive daughter, H.G. The trial focused on the credibility and reliability of the complainant and the accused.

The court found the police interview of the child complainant to be highly suggestive and leading, diminishing the weight of her statement.

The accused's testimony was found credible and consistent with the complainant's limited recollection regarding bedtime routines.

The Crown failed to prove the allegations beyond a reasonable doubt, leading to the accused's acquittal on both counts.

The accused, K.C., was charged with sexual assault and sexual interference involving A.B., who was 15 years old at the time of the alleged offence.

The accused admitted to sexual intercourse but raised the defence of honest but mistaken belief in the legal age of consent.

The court analyzed the defence under the principles of R. v. Morrison and R. v. Hason, finding that the accused failed to take all reasonable steps to ascertain the complainant's age and relied on impermissible stereotypical reasoning.

Consequently, the defence of mistaken belief in age was unavailable.

The court found that the Crown proved beyond a reasonable doubt that the accused was reckless as to the complainant's underage status, establishing the requisite mens rea.

The accused was found guilty on both counts, with a stay of conviction entered for sexual assault under the Kienapple principle.