R. v. Walma, 2026 ONCJ 522 (CanLII)

Criminal and statutory offences — Sexual offences — Sexual assault and sexual exploitation — Whether Crown proved intentional touching beyond a reasonable doubt — Complainant alleged chest touching on dance floor, defendant denied intentional contact — Trial judge not satisfied beyond a reasonable doubt on either count — Not guilty findings entered — AcquittalEvidence — Credibility — W.(D.) framework — CCTV video — Whether evidence as a whole left a reasonable doubt under R. v. W.(D.), [1991] 1 S.C.R. 742 — Defendant found credible and reliable, denial accepted — CCTV low resolution, neither corroborated nor excluded alleged touching — Reasonable doubt remained — AcquittalEvidence — Prior inconsistent statements — Text messages and police interview — Whether references to “hand” and altered reading to police undermined credibility on the core touching allegation — Multiple near-contemporaneous messages described a single “hand” and different mechanics — Complainant’s “typo” explanation rejected — Credibility diminished on central particulars — AcquittalEvidence — Circumstantial evidence — Demeanour — Whether upset demeanour evidence could overcome credibility and reliability concerns — Friend and teacher described complainant as distressed shortly after alleged incident — Court accepted demeanour may provide circumstantial support but could not establish touching beyond a reasonable doubt — Demeanour evidence insufficient to cure core inconsistencies — Acquittal