R. v. P.N.E.I.

(Calgary, P.C.).  N, along with his co-accused, were represented by Calgary criminal lawyers on charges of sexual assault arising out of an incident in Calgary where the complainant alleged she was raped while sleeping in a bedroom. There was no direct evidence that David Chow's client had assaulted her in any way. The case was entirely circumstantial -- arising from DNA located during a post-police-report medical examination. This case was very interesting because section 276 of the Criminal Code did not apply.  The defence asserted that 276 did not apply because the evidence related to the actual sexual activity forming the subject matter of the charge. Notwithstanding how difficult these cases are for trial judges, this case was even more so because of the fact that there was no direct evidence implicating the accused at the time of the alleged assault.  There were other reliability issues that made this case challenging for the Crown. In the final result, "reasonable doubt" carried the day and the accused persons were acquitted.