Sexual assault trial. Alleged breast squeeze of a 14 year old complainant with “mental challenges” in a public place. Accused testified and denied the offence. W(D) case.
Accused’s denial must be assessed within the context of the evidence as a whole. “There have been circumstances where the accused had proffered a plausible denial … but his evidence was rejected because the testimony of the sexual assault complainant was so compelling that it proved the accused guilty beyond a reasonable doubt”. Although the complainant was young and had intellectual challenges, the standard of proof beyond a reasonable doubt is not lowered: Dinardo,  1 SCR 788. Evidence of complainant found to be compelling, and accused’s evidence, when viewed within the context of the whole of the case, was incapable of raising a reasonable doubt.
D. Knisely – Defence Counsel