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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 court convicted the accused on Count 2 under s. 152, finding Valentine’s Day gifts and messages were a sexual invitation to a child, but acquitted on Counts 1 and 3.
Applying the W.(D.) framework and considering the significant inconsistencies and reliability concerns in the complainant’s evidence together with uncertainties in the evidence overall, the Crown did not prove the elements of the offences beyond a reasonable doubt; therefore the accused must be acquitted.
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Even if the trial judge erred about whether the appellant denied only SMS or all text communications, that alleged misapprehension was not material because the trial judge independently and reasonably applied J.J.R.D. and W.(D.) to make a reasoned and considered acceptance of the complainant’s evidence beyond a reasonable doubt, so the credibility finding and convictions stand.
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Judge found both complainant and accused equally credible on core facts; prosecution did not prove beyond a reasonable doubt that the accused invited sexual touching on the two earlier occasions (s.152) and the accused's credible evidence that the complainant brought a condom, initiated oral sex and that he made ongoing inquiries created reasonable doubt on the s.271 sexual assault charge and established an air of reality to an honest but mistaken belief defence; accordingly acquittals were entered on both counts.
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Leave to appeal sentence granted but appeal dismissed because the sentencing judge did not err in principle: she did not misapprehend the sentencing range or violate parity, reasonably found the appellant posed a significant risk of reoffending despite the passage of time, and did not rely on the impugned victim impact remark in assessing remorse; the five‑year global sentence was therefore upheld.
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The court sentenced Jonathan Tyler Braaten to five years for sexual interference against a child and conditionally stayed related charges under the Kienapple principle.
The trial judge accepted the complainant as generally credible and reliable on the core allegations despite peripheral inconsistencies and incremental disclosures; on the totality of evidence and corroboration by the mother the Crown proved beyond a reasonable doubt that the defendant committed the charged offences (ss.151,152,155,271,266), and the defence did not raise reasonable doubt sufficient to acquit.
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The trial judge did not misapprehend the complainant's evidence; the smoking and coffee references were peripheral and did not affect the core identification evidence (name, physical description, unique personal details and corroboration), therefore the convictions are safe and the appeal is dismissed; the sentence appeal was dismissed as abandoned.
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The court found the accused guilty of sexual interference, invitation to sexual touching, and sexual assault against his daughter, accepting the complainant’s core evidence beyond a reasonable doubt.
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