EVIDENCE - Burden of proof - Photographs and video recordings - Witnesses - Prior consistent statements

Law360 Canada ( July 2, 2021, 5:46 AM EDT) -- Appeal by Greif from his conviction for sexual assault. The appellant booked an appointment for a haircut in the complainant’s home. The complainant testified that during the haircut, the appellant grabbed her thigh and once the haircut was finished, he pinned her to her bed and aggressively fondled her, including digital penetration, while she tried to fight him off. She indicated she scratched the appellant’s back during the incident. She disclosed the assault to her mother before reporting it to the police. Photographs of the complainant’s right buttock and wrist showed bruising. The appellant testified and denied the incident in the bedroom occurred. Photographs of his back did not show any scratches. The trial judge found the appellant’s testimony was not believable and did not raise a reasonable doubt....
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