Trial on charges of sexual assault and sexual touching. Accused did not testify at trial. However, accused provided two statements to police that were partially both inculpatory and exculpatory.
Held: Acquitted.
W(D) analysis employed to weigh accused’s statement to police. Accused’s version to police “evolved over time” and contained some inconsistency. On the first limb of the W(D) test, “the Court does not believe the evidence of the accused”. However, accused’s version did raise a reasonable doubt. “The second limb of W(D) is designed to avoid Courts from falling into the trap of making a criminal trial a credibility contest where the trier of fact is to choose which side gave the Court a better story”.
J. Hawkins – Defence Counsel