SELECTED CASE LAW
NEWFOUNDLAND AND LABRADOR:
In 2018 NLCA 19, Mr. G, a 29-year-old man, was found guilty of sexual assault, sexual interference and luring.
He saw his ex-girlfriend’s younger sister Ms. B at the mall and later texted her. Ms. B, a 14-year-old girl, assumed he got her cellphone number from her Facebook page. During their tex-ting, Ms. B told him that she was 14 years old and Mr. G sent sexually suggestive texts and invited her over to his house. Ms. B went to Mr. G’s house where Mr. G began touching her sexually and she asked him to stop but he did not. The touching included unprotected sexual inter-course. Mr. G claimed he thought he was texting with an older girl and when Ms. B arrived at his house, he let her in and she sexually touched him without consent and he denied inter-course had occurred. However, medical evidence confirmed there had been intercourse. The Judge did not find Mr. G’s story credible, and noted that regardless of actually consent, Ms. B was too young to legally consent to sexual activity with Mr. G at the time due to her age.
During the examination and cross-examination of Mr. G, the Judge asked him several questions that Mr. G claimed to be extensive and improper questioning. The Court found that the questions were clarifying and appropriate, with some exceptions of a sarcastic comment by the judge that did not lead to unfairness in the trial. The Court also found that there was no misapprehension of evidence in relation to Ms. B’s level of intoxication.
Mr. G was sentenced to four and a half years’ imprisonment. Additional orders included a DNA order, limitation on being near people under the age of 16 for life, prohibition from using a computer to communicate with people under the age of 16 for life, a no contact order, a fire-arms ban for 10 years, and registration as a sex offender for life. He appealed his conviction, arguing that his trial had not been fair due to the trial judge’s questioning of him and a misapprehension of evidence.
His appeal was dismissed.
Also see: 2017 NLCA 11 (Application for legal aid); 2016 NLTD(G) 160 (Sentencing); 2016 NLTD(G) 149 (Trial).
Criminal Offence(s): Sexual Assault