Accused charged with sexual interference against his daughter in April or May 2002. Complainant testifying offence took place in summer of 2001. Accused denied offence occurred and testified he had not moved into apartment identified by complainant as crime scene until September 2002. Trial judge acceding to Crown’s request to amend information after defence presented case. Trial judge found offence occurred as described by complainant, but after September 2002. Court of Appeal allowing accused’s appeal and ordering new trial. Crown appeal to S.C.C. allowed and conviction restored. Variance in date specified in information and date arising from evidence did not prejudice accused as defence was based entirely on credibility.
R. v. D. (S.)
(Mar. 21, 2011, S.C.C., Binnie, LeBel, Deschamps, Fish, Charron, Rothstein and Cromwell JJ., File No. 33842) Decision at 95 W.C.B. (2d) 145 reversed. Facts taken from lower court decision. 95 W.C.B. (2d) 144 (3 pp.).