EVIDENCE - Burden and standard of proof - Regarding defences - Shifting burden

Law360 Canada (September 7, 2023, 6:19 AM EDT) -- Appeal by Ilunga from his conviction for sexual assault and non-compliance of probation order. He argued that the trial judge erred in shifting the burden of proof to him, in providing insufficient reasons, and that he received ineffective assistance from his trial counsel. The appellant had a group of people in his apartment including the complainant and LM. The complainant testified that while she was in the apartment, the appellant, without her consent, sexually assaulted her. LM testified that she entered the bedroom and saw the complainant with her pants off and legs in the air. The complainant and LM testified that during the ride home, the complainant told LM that the appellant had raped her. The complainant made a report to the police and the appellant was arrested. The Crown called the complainant and LM as witnesses. The defence called one witness, AA, a woman who lived in the appellant’s apartment building. Both the complainant and LM testified that upon arrival at the appellant’s apartment building, they first dropped by the apartment of LM’s son-in-law, who lived on the same floor as the appellant. By contrast, AA testified that she and her husband had let LM and the complainant into the building and had taken them directly to the appellant’s apartment....
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