Simon Owen

The accused was charged with two counts of sexual assault against a friend of his daughter.

The Crown conceded there was insufficient evidence for one count, resulting in an acquittal.

On the remaining count, the complainant alleged the accused provided her with alcohol until she was highly intoxicated and then sexually assaulted her at his camp.

The accused denied the allegations.

Applying the W. (D.) framework for assessing credibility, the trial judge found the complainant's evidence problematic and contradicted by the agreed statement of facts from the accused's daughter.

The court concluded the Crown failed to prove guilt beyond a reasonable doubt and acquitted the accused.

The accused was charged with sexual assault under s. 271 of the Criminal Code arising from an alleged non‑consensual sexual encounter in the accused’s residence.

The complainant testified that the accused forced intercourse after preventing her from leaving, while the accused maintained the encounter was consensual.

Evidence revealed inconsistencies in the complainant’s prior statements and testimony, particularly regarding the presence of a third party in the small residence during the alleged assault.

Applying the credibility framework in R. v. W.(D.), the court rejected the accused’s evidence but found that the totality of the evidence, including the third‑party witness testimony, left a reasonable doubt.

The accused was acquitted.