SELECTED CASE LAW
In 2015 NSCA 50, Mr. G, a 64-year-old man, appealed his convictions of sexual assault, sexual touching, and invitation to sexual touching.
The complainants, Ms. A and Ms. C, were 9 and 10 years old respectively. Ms. A had gone to Mr. G’s house with her friend, Ms. C, to pick up cigarettes for Ms. C’s mother. After asking him for money Mr. G said he would give them money if they both performed oral sex on him.
Ms. C had given Mr. G oral sex for money in the past and Mr. G had shown her pornography and sexual images of himself on his computer. The court considered this part of the grooming process related to these sexual offences. Ms. C had limited access to a computer at home and would go to Mr. G’s house to use his computer to check Facebook. She used his computer on the visit in question to check her Facebook account and also searched his wallet for money. Ms. A refused to perform oral sex on Mr. G. Mr. G later touched both of their bums. Mr. G denied the allegations.
Mr. G was convicted of sexually assaulting Ms. C, sexually touching Ms. C and inviting both girls to sexually touch him. He was found not guilty of sexual assault against Ms. A and sexually touching Ms. A. The sexual assault conviction of Ms. C was stayed. He was sentenced to 10 months’ imprisonment and two years’ probation. Additional orders included a firearms ban, registration as a sex offender, a DNA order and prohibitions from being near children.
He argued that the jury had been improperly instructed, he had been improperly cross examined, the evidence about him showing one of the girls pornography was improper character evidence, and the jury had not been allowed to consider his defence that the girls were trespass-ing when they tried to steal money from his wallet and was allowed to touch them to make them leave. None of his arguments were accepted.
The appeal was dismissed.
Criminal Offence(s): Sexual Assault