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Sexual assault conviction entered after complainant’s core evidence was accepted.
The accused was tried on a single count of sexual assault arising from alleged non-consensual sexual contact with a workplace subordinate during an overnight work-related gathering.
The court reviewed the reasonable doubt standard, the law of consent under ss. 273.1 and 273.2 of the Criminal Code, and the principles in Ewanchuk concerning implied consent and honest but mistaken belief in consent.
Although the complainant's prior accounts contained omissions and incremental disclosure, the court found these did not undermine the core of her evidence and rejected the defence theory that the allegation was fabricated for financial gain.
The court accepted the complainant's evidence that there was non-consensual touching both near the stage and in the trailer and entered a finding of guilt.
Police statement admitted as voluntary.
On a voir dire during a criminal trial, the court considered whether the accused's videotaped police statement was voluntary and admissible.
The defence argued the interviewing officer should have re-cautioned the accused before taking the statement, while the Crown relied on earlier cautions, access to duty counsel, and the accused's appearance in WASH court.
After reviewing the video, the court found the accused had an operating mind, understood the jeopardy of speaking to police, and was not subjected to threats or inducements.
The statement was ruled voluntary and admitted.
