R.v. C.Y.

Parties

Procedural Posture

Criminal Sexual Offences / Trial Judgment (oral Decision)

Legal Issues

1. 1 Whether the Crown proved beyond a reasonable doubt that the accused touched the complainant for a sexual purpose contrary to s.151 Criminal Code
2. 2 Whether the Crown proved beyond a reasonable doubt that the accused committed sexual assault contrary to s.271 Criminal Code
3. 3 Assessment of credibility and reliability of a child complainant versus the accused

Ratio Decidendi

Trial judge accepted the complainant's core evidence as credible and reliable and found beyond a reasonable doubt that the accused intentionally touched the complainant's breasts, buttocks and inner thigh in circumstances constituting sexual interference (s.151); the Crown also proved sexual assault (s.271) but stays were imposed in relation to the two s.271 convictions under principles raised for Kineapple, such that convictions for s.151 were sustained while s.271 convictions were stayed.

Court Disposition

Court found Crown proved sexual interference (s.151) – touching of breasts, buttocks and inner thigh – guilty; sexual assault findings under s.271 were made on the evidence but two s.271 convictions were stayed (application of Kineapple to be addressed prior to entering convictions); publication restrictions ordered.

Orders

• Findings of guilt on sexual interference contrary to s.151 Criminal Code (touching breasts, buttocks, inner thigh)
• Stays imposed in relation to the two s.271 sexual assault convictions