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Appeal from conviction dismissed. The court found error in expert evidence beyond scope and in reliance on a prior consistent statement, but upheld the convictions under the curative proviso.
The court acquitted A.C. of sexual assault, finding it could not decide between the complainantâs and accusedâs accounts and that the Crown had not proved non-consent beyond a reasonable doubt.
BCSC trial judgment on two sexual assault counts. The court convicted on Count 1 involving K.S. and acquitted on Count 2 involving S.K., rejecting similar fact use and finding reasonable doubt on the second count.
The judge accepted expert medical evidence that the infant sustained a single, severe crush/impact skull injury inconsistent with the accidental scenarios offered by the accused; the accused gave multiple implausible and inconsistent accounts and delayed disclosure; considering the evidence as a whole beyond a reasonable doubt the accused intentionally applied brutal force to the child's head and thereby committed aggravated assault (s.268), failed to provide the necessaries of life (s.215(2)(a)), and failed to seek medical assistance/criminal negligence (s.221).
Source excerpt
The court convicted the accused of sexual assault causing bodily harm and unlawful confinement, but acquitted him of attempted choking under s. 246(a).
The court found Gerum Yeferu Seifu guilty of sexual assault, preferring the complainantâs evidence and medical corroboration over the accusedâs denial.
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