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La Cour rejette l’appel de la peine de M. Rogers, ordonne la collecte d’ADN et corrige certaines conditions de probation, mais refuse une ordonnance fondée sur le par. 161(1).
The Supreme Court of British Columbia acquitted Jarrett Joseph Lernowich of sexual assault, finding the Crown failed to prove the actus reus beyond a reasonable doubt.
Ontario Court of Appeal dismisses a conviction appeal in a sexual-offences case, rejecting claims of W.(D.) error, uneven scrutiny, and DNA misapprehension.
The court acquitted Doyle Angus of sexual assault after finding it could not prove identity beyond a reasonable doubt.
The Supreme Court of British Columbia acquitted A.R. of sexual assault after finding reasonable doubt, accepting his account of consensual oral sex and rejecting incapacity and DNA inferences.
The court found the accused guilty of sexual interference and sexual assault, relying on the complainant’s out-of-court statements, demeanour evidence, and DNA proof.
The court admitted the deceased complainant’s three out-of-court statements under the principled hearsay exception, finding threshold reliability through corroborative DNA and demeanour evidence.
The court granted a six-month further detention order for seized items in a sexual assault investigation and sealed two supporting affidavits to protect a minor complainant.
Material gaps and inconsistencies in the complainant's central account (furniture, timing, observed conduct), evaluated alongside the accused's severe intoxication and post-event evidence, produced a reasonable doubt as to whether subjective consent was absent; therefore the Crown failed to prove the essential element of lack of consent beyond a reasonable doubt and the accused was acquitted.
Source excerpt
The Court set aside the acquittal and ordered a new trial because the trial judge erred in law by basing his reasonable doubt on unsupported speculation about secondary transfer of the accused's DNA to the complainant's cervix, by misapprehending and failing to give proper effect to medical chart notes and SANE evidence corroborating injuries, and by inappropriately treating absence of bedsheet/towel DNA testing as significant; those legal errors materially affected the acquittal.
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