Appeal from conviction. Accused was convicted of two counts of sexual assault, sentenced to 60 days’ imprisonment and 12 months’ probation. When appeal argued, he had served entire term of both his incarceration and probation. Trial judge found that accused placed his hand on complaint’s chest above her breast and that he put his hand on complainant’s ankle while he masturbated; accused massaged shoulder of complainant for sexual purpose and touched her thighs and spread her legs for sexual purpose. Trial judge reviewed evidence of accused and provided reasons why she rejected it. She was alive to frailties of complainant’s evidence. Trial judge’s reasons were not lacking in proper analysis. While trial judge did not specifically mention the third test of W. (D.), it was clearly in her mind in assessing evidence as whole. She was alive to concerns about why complainant acted in way that she did and whether those concerns were able to be explained in a manner that allowed justice to conclude that complainant’s evidence remained reliable and credible. Appeal dismissed.
R. v. Oyebade
(Aug. 15, 2011, Ont. S.C.J., Gilmore J., File No. 09-05487) 96 W.C.B. (2d) 193 (6 pp.).