Accused was incarcerated at time alleged assault occurred

Ontario criminal | Evidence

IDENTITY OF ACCUSED

Accused was incarcerated at time alleged assault occurred

Accused was charged with sexual assault, touching person under fourteen for sexual purpose, two counts of invitation to sexual touching and unlawful confinement. Complainant was eight years old in 2009 and testified that when she went to garbage chute in her apartment building, she was confined by man who asked to see her underwear, attempted to lift her dress and to pull her dress down, asked her to touch his penis and then masturbated in front of her. Accused had tattoos which were not identified by complainant and was also incarcerated at time alleged assault occurred. Accused was identified by photo lineup where complainant testified accused looked sort of like attacker. Accused was only person in photo lineup with shaved head with complainant placing her hand over other photos to see what they looked like with shaved head. Accused found not guilty. Complainant made every effort to identify accused honestly however photo lineup was flawed. Accused also had tattoos visible that most likely would have been identified and accused was also not in area at time of assault.
R. v. Osborne (July 23, 2012, Ont. S.C.J., Forestell J., File No. 12-1000107-0000) 102 W.C.B. (2d) 262 (12 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Information and Privacy Commissioner calls for retention of public input in Policing Act amendments

Ontario Superior Court confirms party’s entitlement to broad medical and rehabilitation benefits

Ontario Court of Appeal upholds estate's right to full range of damages in a vehicle accident case

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Most Read Articles

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers