B.C.’s Court of Appeal has ordered a new trial for a man convicted of sexual assault and two counts of sexual interference. The man appealing, A.B., argued the trial judge misdirected the jury on how to approach and assess the evidence in deciding whether the Crown proved the offences beyond a reasonable doubt. He was convicted in November 2021. “The appellant has persuaded me of misdirection,” Justice Joyce DeWitt-Van Oosten wrote in the March 12 decision of the unanimous, three-judge panel.
The man was charged with committing sexual offences between 2001 and 2011 against his stepdaughter. She was between seven and 16 years old when the offending occurred. The Crown had alleged multiple incidents of highly invasive sexual misconduct. The girl disclosed the abuse after she turned 18
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