What is the test for a jury to convict an accused in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v Abdoulkader, 2016 ONSC 563 (CanLII):

This case turns on the credibility of the accused. Accordingly, I instruct myself in accordance with R v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742. If I accept the accused’s evidence I must find him not guilty. If I do not accept his evidence I must nonetheless find him not guilty if his evidence, either alone or in the context of the other evidence, raises a reasonable doubt in my mind as to his guilt. Even if his evidence does not raise a reasonable doubt, I may convict him only if I am satisfied on the basis of the evidence I do accept that his guilt has been established beyond a reasonable doubt.

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