New Trial Ordered For Babysitter Accused Of Sexual Assault

Jan 31 2008

The Supreme Court of Canada set aside the conviction of a Manitoba teenager charged with three counts of sexual assault while babysitting a young girl. The babysitter denied touching the girl inappropriately but the trial judge rejected his evidence. She based her decision partly on the fact that he denied there being certain innocent touching which she believed took place and that he recalled too much detail of the events in question. The majority of the Supreme Court of Canada held that the trial judge failed to consider clear testimony which refuted both of those conclusions and ordered a new trial to be held.

The judgment can be found online at <A HREF="http://scc.lexum.umontreal.ca/en/2008/2008scc2/2008scc2.html">http://scc.lexum.umontreal.ca/en/2008/2008scc2/2008scc2.html</A>

For more information on related criminal matters, contact Pushor Mitchell Associate Nick Lerfold at:
lerfold@pushormitchell.com or (250)869-1285

These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek legal advice concerning any specific issues affecting you or your business.