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The British Columbia Court of Appeal dismissed an appeal from an assault conviction, holding the trial judge could find the accused acted in uncontrolled anger, so the s. 43 parental discipline defence failed.
The court convicted the accused of sexual exploitation and sexual assault, finding the complainant credible and the touching sexual in context.
The court found J.T. guilty on 12 counts of assault and assault causing bodily harm, but not guilty on five counts. Harassment, animal cruelty, and breach were not proven.
The trial judge’s cumulative conduct — explicit favourable comments and privileges toward Crown witnesses (including declaring the child complainant’s credibility “very high”), public chastisements and forced apologies, and multiple unfavourable interruptions and remarks toward defence witnesses — would lead a reasonable informed person to conclude there was a real likelihood the judge would not decide fairly; accordingly the convictions could not stand and a new trial was required.
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