The appellant appealed summary conviction findings of guilt on two counts of indecent act.
The appellant argued that the trial judge improperly reversed the burden of proof by failing to require the Crown to disprove the alibi beyond a reasonable doubt, and improperly drew an adverse inference from the rejected alibi.
The appeal judge found no error regarding the burden of proof, but held that the trial judge erred by treating disbelief of the alibi as evidence of guilt without proof of deliberate fabrication.
Because the counts were factually intertwined and the adverse inference undermined the assessment of credibility, the error tainted both verdicts.
The appeal was allowed and a new trial ordered.
