January 5th, 2017

R v JLM, 2016 ABPC 285 per Redman, PCJ:

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Accused pleaded guilty to sexually assaulting his 16 year old step-daughter. Offences included touching the complainant’s breasts (under clothing) and kissing her neck while she was sleeping in her parents’ bed. Approximately 15 similar incidents. Crown proceeded summarily and sought 6 months jail. Defence applied for a CSO. Accused (58 with no record) confessed to … Read More.

March 17th, 2015

R. v. ADT, 2015 ABPC 28 per Wheatley, PCJ

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Accused plead guilty to sexual assault. Complainant was accused’s adopted daughter. Incidents occurred between 2001 and 2006 when the complainant (who was developmentally delayed) was aged 14-19. The accused touched the complainant’s breast and vaginal area (“some attempts at digital penetration which were probably unsuccessful”). Accused confessed and engaged in treatment. Held: CSO imposed. Accused … Read More.

February 3rd, 2015

R. v. Napope, 2015 ABCA 27 per Bielby, O’Ferrall, Brown JA, T. Judge: Gates, J

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Appeal from conviction on a charge of sexual touching. Issue as to whether trial judge erred in accepting into evidence the complainant’s videotaped statement to police, and her preliminary inquiry testimony. Complainant largely recanted at trial. Held: Appeal dismissed. “There is no list or pigeonholed description of the type of situation that must exist to … Read More.

January 23rd, 2015

R v. Sayers, 2015 ABCA 21 per Paperny, Martin, O’Ferrall, JA, T. Judge: Hunt McDonald, J

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Defence appeal from global 4 year sentence imposed in relation to sexual interference convictions. Victims were 8 and 11 when the abuse started. Multiple incidents of touching in the breast and vagina area. The girls were the accused’s niece and his best friend’s daughter. Issue regarding whether trial judge erred in characterizing the offences as … Read More.

January 16th, 2015

R. v. Gashikanyi, 2015 ABCA 1 per Bielby, O’Ferrall, Jeffrey, JA, T. Judge: Erb, J

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Appeal from conviction on charge of sexual interference in relation to a complainant under 16. Accused testified that he believed that the complainant was over 16, primarily based upon his belief that she was a sex trade worker. Held: Appeal dismissed. At minimum the law requires an “earnest inquiry or something that obviates the need … Read More.