T. Mack

The accused was charged with intimidating a justice system participant contrary to section 423.1(1)(b) of the Criminal Code.

During cross-examination at a prior trial, the accused made a comment indicating he knew the Crown prosecutor had a child and mentioned the child's name.

The Crown alleged this was intended to provoke fear and impede the prosecutor in his duties.

The trial judge found that while the accused engaged in conduct directed at a justice system participant, the Crown failed to prove beyond a reasonable doubt that the accused intended to instill fear or impede the prosecutor.

The accused's statement was incomplete, interrupted by the trial judge, and the accused's mental health issues and peculiar manner of responding during cross-examination created reasonable doubt as to his intent.

The accused was acquitted.

The accused, Leonard Roberts, was charged with sexual assault.

The trial focused on the credibility and reliability of the complainant, R.L., who was highly intoxicated at the time of the alleged incident, and the accused's testimony, including his alleged lies to police.

The court admitted the complainant's spontaneous utterances to paramedics as narrative circumstantial evidence, finding them reliable despite inconsistencies with her trial testimony regarding minor details.

However, the court found the complainant's memory and perception were compromised by intoxication, raising reliability concerns.

The court also found the accused's testimony unreliable due to cognitive/linguistic deficits, concluding his admissions to police were not deliberate lies indicative of guilt.

Ultimately, the court was left with a reasonable doubt regarding the accused's guilt, leading to an acquittal.