Complainant’s evidence remained reliable and credible

Ontario criminal | Appeal

GROUNDS

Complainant’s evidence remained reliable and credible

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.).

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

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim