W. Mathers

The accused was sentenced following convictions for attempted sexual interference against a child after trial.

The offence involved an attempt by the accused, who was in a position of trust as the common-law partner of the complainant’s mother, to engage in anal intercourse with the child when she was approximately nine years old.

The court emphasized denunciation and deterrence, particularly given the victim’s young age, the relationship of trust, and the accused’s prior criminal record for similar conduct.

A conditional sentence was found inappropriate despite being statutorily available.

The accused was sentenced to 12 months’ imprisonment followed by two years’ probation, along with DNA, firearms prohibition, and sex offender registry orders.

The accused was charged with multiple counts of sexual assault and sexual interference involving a child under fourteen years old arising from alleged incidents in the early 1990s.

The complainant testified to six alleged incidents involving different locations, including a trailer, shed, and van.

The court assessed credibility under the W.(D.) framework and considered the long passage of time, inconsistencies in the complainant’s evidence, and lack of corroboration for most incidents.

While the accused’s evidence was rejected, the court found that several allegations were not proven beyond a reasonable doubt due to testimonial weaknesses and lack of supporting evidence.

However, one incident in the trailer was corroborated by the mother’s testimony and was proven beyond a reasonable doubt, resulting in findings of guilt for attempted sexual assault and attempted sexual interference.