Digest: R v Mashiana, 2018 SKPC 68

• Date: November 20, 2018

Reported as: 2018 SKPC 68

Docket Number: PC18063 , 90019427

Court: Provincial Court

Date: 2018-11-20

Judges:

• Snell

Subjects:

• Criminal Law � Assault � Sexual Assault
• Criminal Law � Evidence � Credibility

Digest: The accused was charged with sexual assault. The complainant entered the front passenger seat of the taxi that the accused was driving and requested that she be taken to her home address. The complainant had epilepsy, which prevented her from being able to drive a vehicle or drink alcohol. According to the complainant, the accused asked her a number of personal questions as well as asking her for a date the next night. She said that she told the accused she was busy. The complainant said that the accused then asked if he could come into her house that night and he put his hand on her upper thigh. The complainant said that she offered the accused a compromise by saying that he could not come into her house but that she would give him a kiss. When she turned to motion the air kiss, the complainant said that the accused�s elbow came down hard on top of her knee and his hand pressed up to her vagina through her dress while his other hand cupped her breast. The complainant said that she pulled back in a panic and ran to her house, locking herself inside. The complainant was not able to identify the accused in court. There were a few inconsistencies in the complainant�s testimony with the statement she gave the police. The accused provided a statement to the police that the complainant was drunk and extremely talkative. He did not recall if she sat in the front or the back of the taxi. The accused�s testimony was fairly consistent with his statement to the police. He indicated that the only thing that happened that may have upset the complainant was that he had to yell after her to pay the taxi fare when she exited the taxi. The complainant did not report the incident for a few days.
HELD: The accused was found guilty of the offence. The court applied the principles from D.W. to determine the credibility of the witnesses. There were no negative aspects to the complainant�s testimony. The inconsistencies in her evidence were not found to be significant and she explained them to the court�s satisfaction. The court was not concerned with the complainant�s credibility or reliability given the inconsistencies. The complainant did not identify the accused in the courtroom, indicating that she looked away from the...