At a judge-alone criminal trial involving a publication ban, the court considered allegations that the accused sexually assaulted the complainant while she was asleep during a period of heavy crack cocaine use and prolonged sleep deprivation.
Applying the reasonable doubt standard and the W.(D.) framework, the court found the accused to be credible and reliable, and found the complainant neither credible nor reliable on material points.
The court held that the complainant's evidence was undermined by inconsistencies, drug use, emotional distress, and lack of reliability.
The Crown failed to prove the sexual assault and related probation breach beyond a reasonable doubt, and acquittals were entered on both counts.
