R. v. Kavanagh, 2018 BCSC 1118

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Kavanagh, 2018 BCSC 1118 Date: 20180608 Docket: 27368 Registry: Vancouver Regina v. Charles Michael Kavanagh Restriction on publication: A publication ban has been mandatorily imposed under sections 486.4 of the Criminal Code Before: The Honourable Madam Justice Murray Oral Reasons for Judgment Counsel for the Crown: M.E. Donnelly Counsel for the Accused: B. Movassaghi Place and Date of Trial: Vancouver, B.C. April 11–13 and 16–17, 2018 Place and Date of Judgment: Vancouver, B.C. June 8, 2018 Introduction [ 1 ] Mr.

Kavanagh is facing a four count Indictment charging him with the following: Count 1 / Chef 1 Charles Michael KAVANAGH, from the 16th day of July, 2016 to the 19th day of July, 2016, inclusive, at or near Vancouver, in the Province of British Columbia, did, for a sexual purpose, touch, directly or indirectly, with a part of his body or with an object, the body of W.M., a person under the age of sixteen years, contrary to

Section 151 of the Criminal Code . Count 2 / Chef 2 Charles Michael KAVANAGH, from the 1st day of May, 2015 to the 31st day of July, 2016, inclusive, at or near the City of Vancouver, in the Province of British Columbia, did unlawfully traffic in a substance represented or held out to be a controlled substance, to wit: cannabis (marijuana), contrary to Section 5(1) of the Controlled Drugs and Substances Act.

Count 3 / Chef 3 Charles Michael KAVANAGH, from the 1st day of May, 2015 to the 31st day of July, 2016, inclusive, at or near the City of Vancouver, in the Province of British Columbia, did unlawfully traffic in a substance represented or held out to be a controlled substance, to wit: methamphetamine, contrary to Section 5(1) of the Controlled Drugs and Substances Act. Count 4 / Chef 4 Charles Michael KAVANAGH, from the 1st day of May, 2015 to the 16th day of December, 2015, inclusive, at or near Vancouver, in the Province of British Columbia, being bound by a recognizance under

section 810.1 of the Criminal Code , committed a breach of the recognizance: You shall have no contact, direct or indirect, with anyone under the age of 16 years, save and except in the course of a commercial transaction in a store, contrary to

section 811 of the Criminal Code. [ 2 ] The Crown’s theory is that the accused befriended troubled 14-year old WM, fed his drug addiction, exploited his vulnerability, and groomed him. In mid July 2016 when WM was 15, the accused sexually assaulted him. [ 3 ] In his closing counsel for the accused conceded that the Crown has proved Counts 2, 3 and 4 – that is trafficking in marihuana, trafficking in methamphetamines and breaching his

section 810.1 recognizance by being in contact with a person under 16 years of age. [ 4 ] The issue for me to determine is whether the Crown has proved beyond a reasonable doubt that the accused sexually assaulted WM. That question will turn on the credibility of the complainant who I will refer to as WM through the course of my reasons. I do so not out of disrespect but for clarity as I will refer to his father as GM.

[ 5 ] At the time of the alleged sexual assault, WM was 15. Pursuant to s. 150.1(1) of the Criminal Code , R.S.C. 1985, c. C-46, a person under the age of 16 is incapable of legally consenting to sexual activity. Accordingly if I am satisfied beyond a reasonable doubt that the sexual incident as testified about by WM did occur, I need not decide whether WM consented or not. I must find the accused guilty. [ 6 ] It is necessary to undertake a thorough review of the evidence in order to determine the issue. The Evidence [ 7 ] WM started using marihuana when he was 12 and methamphetamine (crystal meth) at 13.

By the age of 14, WM was addicted to crystal meth. He was using as much as he could, stopped going to school and started getting in trouble with the law. His relationship with his family was suffering. [ 8 ] In May 2015, a few months shy of his 15 th birthday WM was put into foster care. His drug use continued and he was moved from foster home to foster home as he repeatedly broke rules. [ 9 ] The accused befriended 14 year old WM shortly after he went into care by reaching out to him on FB. WM did not know the accused nor had he ever met him.

The day before the initial contact WM had been smoking crystal meth in a park with a young adult named Mike and Mike pushed him into the water. The accused messaged WM ostensibly to commiserate with him and to set up a meeting. Facebook posts and messages filed at trial show that the accused sent WM a message on May 4, 2015, giving him his phone number and asking him to call him. A few days later on May 7 the accused sent WM a friend request. The day after that the accused sent WM another message asking him to call him. [ 10 ] On May 8, 2015 WM and the accused arranged to meet at a park close to WM’s foster home.

It was the first time WM met the accused. They sat on a bench and talked. WM told the accused about his relationship with his parents – that it was not good. He told him that he lived in foster care including where the house he was living in was. He also told him that he was on court ordered conditions including a curfew and not to possess or use drugs or alcohol. They smoked crystal meth that the accused provided. He gave the drugs to WM for free. [ 11 ] When WM returned to his foster home he was arrested for being late for his curfew. He was kept in custody for a few days.

During this period the accused sent WM a message referring to himself as uncle, apologising for something that was not specified and asking WM to give him another chance as in the accused’s words “your to (sic) good a friend to lose”. He told WM he could call him “24/7”. Later that same day, May 9, the accused sent WM another message. In it he called WM “Lil Brutha” and told him that he had heard from [another boy] that lived in the foster home, that WM had been arrested. He told WM that he asked [this boy] to slide an envelope under the door for him.

He then said: I’ll always have your back and be there for whatever disagreements we might have from time to time. That’s what friends and family r supposed to do for one another, real friends look out for one another. You know I’m for real. Has anyone else stepped up. Friendship is a valuable gift and I don’t want ours to crash and burn. Please think about it [WM], let’s not ruin something that has the potential to be great.

If u ever need me I will stand by you 24/7, 365. [ 12 ] He ended the message with “were (sic) still partners right? [ 13 ] I pause here to emphasise that the accused sent these messages after meeting young WM once in the park. [ 14 ] When he was released from custody WM found the envelope from the accused that had been slipped under the door of his room. In it was money and crystal meth along with a note from the accused with his address and phone number. WM smoked the crystal meth. [ 15 ] For several days following, the accused messaged WM many times a day.

On May 12 the accused messaged WM and said “let’s start making money” which WM testified meant selling drugs. [ 16 ] The accused saw WM as much as WM let him. The accused told WM that he was there for him and could rely on him for whatever he needed. [ 17 ] WM called the accused uncle. He testified that at first the accused felt like family to him. He usually saw him 3 to 4 times a week. [ 18 ] The accused supplied WM with crystal meth and marihuana. He never asked for money for the drugs and often used them with him.

He often invited WM to his room in a boarding house [in downtown Vancouver], instructing him how to hide his appearance from surveillance cameras at the entrance of his building as no one under the age of 19 was permitted to be in the building. [ 19 ] During this period WM was in and out of many different foster homes; he would go AWOL, get kicked out and couch surf at friends’ places then be placed at a new home. Needless to say, he was not doing well. [ 20 ] At some point WM started selling drugs for the accused. The accused fronted him the drugs to sell and discussed with him the best places to sell.

More often than not WM did not give the accused money for the drugs as he used them all himself. He would tell the accused that he was robbed or he lost the money. The accused never got mad at him or asked him to pay his debt. [ 21 ] On June 11 2015, youth social worker Karen Zilke saw WM coming out of a marihuana dispensary on Hastings Street with the accused. The accused introduced himself to her and her police officer partner as Irish Mike Kavanagh, WM’s uncle. [ 22 ] On July 26 2015, the manager of the accused’s boarding house knocked on the accused’s door. When the door opened he saw

young WM in the room. Both the accused and WM were shirtless. The accused told the manager that WM was his nephew, his sister’s son. [ 23 ] Over the next few months the accused continued to see and communicate with WM as much as WM allowed. WM testified that the accused would become irritated when he did not respond to his messages. [ 24 ] In November 2015, WM was sent by his youth worker and case management team to the KEY program, a 6-month residential life skills program for youth in Cranbrook.

They thought WM needed to get away from Vancouver to gain control of his drug problem. [ 25 ] The accused sent WM a message on his departure to “...stay real, stay straight and focus on you and the changes u need to make in ur life”. [ 26 ] On December 11, 2015, the accused sent WM this message: Your not coming home for Christmas? I miss you Lil [WM]. Got use to you being around bro.

Your absence has left a silent presence that makes me think of you [ 27 ] On December 17, 2015, he messaged that he would like to take him for a ride on the Sea to Sky highway on his Harley. [ 28 ] The next day he messaged that he would really love to talk to him and that he missed him. [ 29 ] On December 21, 2015, the accused wrote this to WM: Over the last week or so I’ve heard many people say what they want for Christmas. The sad thing is it’s all material. Store bought this or that. Does a PS4 make you happy? Or clothes?

Sure it’s cool, but I think being able to spend a couple of hours with my nephew [WM] would make me happy, or a friend I haven’t seen in a long time. [WM], Christmas won’t be the same without you bro. Stay real and know I’m here. Uncle [ 30 ] WM came home at Christmas and stayed with his father. [ 31 ] The accused messaged WM many more times but it appears that WM neither answered nor saw him. [ 32 ] Over the holidays, WM’s father saw correspondence from the accused on WM’s Facebook page. Wondering what an older man was doing with his son, GM contacted the accused.

The accused told WM’s father that he was an outreach worker, that he had known WM for about a year and that he was helping WM with his drug addiction. GM, hoping the accused could help WM, provided him with personal information about WM including troubles he was having with the family. GM also sent him some photos of WM at Christmas. The accused responded that WM looked much healthier. [ 33 ] WM went back to the KEY program after Christmas. [ 34 ] He returned to Vancouver on March 23, 2016 for Easter. He stayed at the foster home of HT. On March 24 the accused sent WM a message.

That night WM told HT that he was having dinner with his father. When he did not return to the house by curfew, HT called GM who said that he had not seen WM. HT then saw a motorcycle pull up to his house. The accused was driving and WM was on the back. The accused introduced himself as Mike, WM’s outreach worker. Suspicious HT asked the accused for identification. The accused took off. When HT talked to WM he could see that he was high – wide eyed, sweating, and fidgety. [ 35 ] After the phone call from HT, GM had come to the area to look for WM and also saw the accused drop WM off.

GM talked to the accused – this was their first in person meeting. The accused told GM that he was making sure that WM got home for curfew. GM asked why WM was high. The accused explained that WM had spent a long time in Cranbrook and he wanted to give him a break so they had smoked joints and drank some beer. GM said he could not do that as WM was in treatment and asked the accused not to do that again. [ 36 ] On March 26, 2016, HT found drug paraphernalia in WM’s bedroom. That evening he heard a motorcycle pull up and WM came in. WM did not look good – he was pale and sweaty. HT believed that he was high again.

HT decided that WM could no longer stay with him. The next day WM returned to the KEY program. [ 37 ] The accused continued to message WM saying that he hoped he was doing well and that he missed him. In May the accused messaged WM’s father asking how WM was doing. [ 38 ] On May 9, 2016, WM completed the KEY program and returned to Vancouver. He was placed in a short-term residential facility for youth. He quickly returned to using drugs with the accused and selling drugs for the accused. He went back to his job at a restaurant and got a job through the accused at the accused’s construction work site.

The accused assured WM’s father, with whom he maintained contact, that WM would be provided the appropriate safety training. He also assured GM that WM was clean and better now. That was far from the truth. [ 39 ] WM also resumed seeing his youth worker Brian Louie in person and attending his integrated case management meetings. Mr. Louie expressed his concerns about his relationship with the accused but WM dismissed them. Mr.

Louie explained the grooming process to WM and encouraged him to let him know if the accused did anything to him. [ 40 ] On May 20, 2016, WM decided that he wanted to post something on Facebook that would show people that he was doing well. He had the accused take photos of him on the construction site and added the caption “I am 15, I go to school, go to day treatment, work at a four star restaurant. And build high rises..what do you do bro? #YoungWorker #15#BuildHighFuckenBuildings #MeandMyUncle #2016”. WM showed this to the accused then posted it to the accused’s Facebook page.

He also posted it on his own page with the caption “lol I posted this on your account sorry uncle”.

[ 41 ] In actual fact, WM was not doing well at that time – at all. He was using crystal meth given to him by, and often smoked with, the accused and he was constantly breaching his court orders. He only worked at the jobsite for a few weeks – 5 or 6 shifts in total. [ 42 ] On May 27, 2016, WM posted a photo of him sitting on the Accused’s motorcycle. The caption in part said “sitting on my uncle 50 000$ harley”. [ 43 ] On May 31, 2016, the coordinator for the house WM was living in concluded that he could no longer stay because of his association with the accused. On June 1, 2016, Mr. Louie advised him of this.

WM disagreed with the concerns about the accused. WM failed to show at his appointment with Mr. Louie the next day. [ 44 ] On June 10, 2016, WM was arrested on various breach allegations. He was released on June 13 to a youth detox centre with a number of conditions, one of them being that he not have any contact with the accused. [ 45 ] By June 17 WM was no longer living at Youth detox; he was AWOL. [ 46 ] Footage from the CCTV camera at the front door of the accused’s boarding house shows that WM entered the building on a number of occasions between June 20 and June 22, 2016.

On June 22 WM and the accused can be seen entering the building at approximately 3:10 a.m. WM can be seen exiting the building alone at 4:57 a.m. [ 47 ] Police went to the accused’s room on a number of occasions looking for WM. On June 21, 2016 the accused angrily refused to answer the door. [ 48 ] On June 22, 2016 WM was obviously high when he attended a meeting with Mr. Louie. [ 49 ] On June 27, 2016 WM was arrested on outstanding warrants and kept in custody.

On July 15, 2016, after pleading guilty to another breach charge, WM was released to a new foster home with a number of conditions including a no contact with the accused. [ 50 ] On July 16, 2016, WM’s new foster parent TP greeted WM on his arrival at the house, WM left the house at 5:00 p.m. and returned high at about 9:35 p.m. [ 51 ] On July 18, 2016, TP took WM out for lunch then left him at a medical appointment. WM returned at 9:45 p.m. extremely high. Yankee 10, a Vancouver police unit operated by a police officer and a youth worker, stopped by the house to do a curfew check.

After the curfew check WM left the house and returned 15 minutes later. [ 52 ] The next day July 19, 2016, WM left the house at 1:00 p.m. and came back later that evening in bad shape. TP had a discussion with him about the accused and WM gave him the accused’s phone number. TP checked the call logs on the phone that was used by the youth living in the house and saw that the accused’s number had been called 7 to10 times. At this point WM no longer had a cell phone so he and the accused were in contact through the house phone. [ 53 ] That night Yankee 10 stopped by again to conduct another curfew check.

They noted WM to be different than the day before. He was spaced out and less alert although he was able to converse. The youth worker Mr. De Beck noted a fresh needle mark on WM’s arm. It was a small pinprick in the inside elbow crease with fresh blood in and around it. [ 54 ] On July 20, 2016, WM failed to attend his appointment with his youth worker. When he returned to the [TP] home he was in the worst shape TP had seen him; so bad that TP feared for his well-being that evening. Detective O’Buck, a youth police officer that knew WM well stopped by that evening.

She too had never seen WM in such bad shape. [ 55 ] On July 21, 2016, WM’s youth worker Mr. Louie went to the [TP] home to see WM. WM was in terrible shape – he had bloodshot eyes and slurred speech and he could not hold a conversation which was unusual for WM. WM told him that he had used acid. He had in fact been smoking crystal meth. Mr. Louie had been supervising WM since May 2015 and had never been this concerned about WM. WM was spiralling out of control. [ 56 ] WM went out that day and did not return to the house.

Sometime after WM’s 10:00 p.m. curfew, the accused was stopped by police on his motorcycle seven blocks from the [TP] residence. He was alone but had a second helmet attached to his bike. He denied having been with WM that night. [ 57 ] WM was arrested when he returned to the residence the next day and was held in custody until August 25, 2016. He was then taken directly to a youth program. [ 58 ] According to WM during the time he was staying with TP he was using crystal meth that the accused gave to him. Often he used it with the accused.

He would call the accused from the house phone at the [TP] home and the accused would meet him in the back alley where they would smoke meth together. [ 59 ] Sometime during his stay at the [TP] residence, WM says that the accused performed oral sex on him. [ 60 ] On the day of the incident WM either took the bus or skytrain to the accused’s room in the morning. He and the accused smoked a lot of meth and got high. The accused asked WM if he had ever had a blowjob. WM said not from a male. The accused then asked WM to turn up the volume on the television. WM did so.

He testified that he thought the accused asked him to do that so no one could hear the sound of the accused “sucking his dick”. The accused told WM that it would be “better” using a needle. WM believes that “it” meant the sex. WM then passed out. When he came to he had a blue rubber band wrapped around his arm and a needle, the kind used to inject drugs, in his arm right below the elbow crease. WM had not used drugs with a needle any other time when he was at the [TP] home. WM’s shorts were on the ground and his underwear was pushed down past his knees. The accused was lying next to him on the bed fully clothed.

He appeared to be sleeping. WM ripped the band off his arm, removed the needle from his arm got dressed and left.

[ 61 ] WM continued to meet with the accused after that because he wanted drugs. [ 62 ] The accused did not testify at trial. No defence evidence was called. Defence counsel in his closing submission advised the court that there was no issue that the accused had had contact with WM in contravention of the s. 810.1 recognizance prohibiting him from being in contact with anyone under the age of 16. He further submitted that there is no issue that the accused gave WM crystal meth and marihuana to both use and sell. [ 63 ] As I stated at the outset, the sole issue is the charge of sexual assault.

It is the defence position that the Crown has not proved that charge beyond a reasonable doubt. [ 64 ] It is the defence submission that WM is an admitted liar who says whatever he wants whenever he wants. According to the defence, WM lied to his youth worker, foster parents, police officers, family. He lied to the accused about money he owed him. As a result, say the defence, it would be dangerous to rely on WM’s evidence.

The defence points to some inconsistencies in his evidence regarding where his first meeting with the accused was (at a park or the Burrard skytrain station) and how he got the accused’s ID (whether he stole it or whether he does not know how it ended up in his bag). [ 65 ] Defence questions WM’s motive for reporting the sexual incident and suggests that he made the allegation so he would be released from custody. [ 66 ] The defence points out that WM does not remember small details about the day in question like how he got to the accused’s room – whether by bus or skytrain.

In addition defence submits that WM gave contradictory statements to the police – the first statement to Detective Parkinson in July 2016, and the subsequent statement to Detective Yee in January 2017. [ 67 ] Finally, the defence argues that the court cannot be sure that the sexual assault happened. In his statement to Detective Yee WM said he didn’t know if it did. He is likely just assuming it because his pants were down. Further argues the defence, the court cannot even be sure that WM was at the accused’s room then. Where is the footage from the door of the building?

Overall they argue that the court can not accept what WM says as he lies when it is convenient. [ 68 ] I disagree with the arguments of the defence. [ 69 ] I found WM to be a credible witness. He was honest and straight forward. He was forthcoming about his own issues and failings. He admitted his drug use and addiction, his lack of regard for court orders, and his lying. He admitted lying to his father, his youth worker and his foster parents. He testified that he had let his [family] down by never being there for them. He admitted ripping the accused off by not paying him for the drugs fronted to him to sell.

He admitted using the drugs the accused gave him and lying to the accused telling him that he had been robbed. He made no attempt to paint himself favourably nor did he minimise his behaviour. [ 70 ] He gave his evidence in a thoughtful manner and was forthright when he was unsure about an answer. He did not embellish his evidence. [ 71 ] When he testified about the sexual assault, WM was visibly uncomfortable. He said as little as possible and was clearly embarrassed and ashamed. He could hardly talk about it. When he did, he testified as if he was reliving the incident.

The emotions he showed were real – he cried and looked down. He recalled details – the accused asking him to turn the music up so no one would hear, his shorts being off when he came to, the needle in his arm (the kind of needle used to inject drugs), the band around his arm (blue), the way the accused looked laying on the bed (like he was dead). [ 72 ] What he did not say in his evidence is striking as well. He did not testify that he said no. He did not testify that he tried to struggle.

He did not say that he tried to stop the accused in any way. [ 73 ] That he does not remember how he got to the accused’s place – whether by bus or skytrain in my view is of no moment. I would not expect WM to remember that. The details he recalls are things that one would expect. They are significant. [ 74 ] Of importance, WM’s evidence does not stand alone. It is corroborated in many ways. His relationship with the accused is corroborated by the Facebook messages and the evidence of others including his father.

That the accused was holding himself out to be his outreach worker, a person that was trying to help him, was corroborated by his father, Detective O’Buck and the youth worker Ms. Zilke that talked to them when they came out of the marihuana store. The manager of the boarding house corroborates that the accused had WM in his room – on one occasion they were both shirtless.

The surveillance video shows WM entering the accused’s building on a number of occasions covering his face, just like he testified being instructed to do by the accused. [ 75 ] While the sexual assault happened in private, there is evidence that corroborates it as well. After the incident WM declined drastically. He was clearly suffering. He went on a drug binge. It was almost like a death wish; a desperate attempt to escape.

According to TP, a reformed drug addict himself and an experienced foster parent to high-risk youth many of who suffer with drug issues, if WM was not arrested in July he would have died. [ 76 ] The fact that WM kept seeing the accused after the incident makes sense – he was the lifeline to the drugs WM so desperately needed. [ 77 ] Another important piece of evidence that corroborates WM’s evidence regarding the sexual assault is that the members of Yankee 10 saw the fresh needle mark on WM’s arm. [ 78 ] As to a motive for lying – I do not find that he had one. He wanted to get out of jail?

He had been in and out of jail many times over the year and almost a half that he knew the accused. It did not seem to bother him. [ 79 ] The defence argument that he was fed information from youth workers, police officers and foster parents that the accused was a sexual predator does not make sense either. He had been warned about the accused for many months. WM did not heed those warnings.

Why? WM testified about that. He said this: “People told me to stop seeing Mike but I didn’t because I was highly addicted and Mike was the only thing keeping my addiction going.” [ 80 ] WM breached court orders prohibiting contact with the accused because of his addiction. He continued to see the accused after this sexual incident that he found so devastating because of his drug addiction. The accused fed his addiction. The addiction was running WM’s life.

The person supplying him with drugs was the last person he wanted to cut out of his life. [ 81 ] Regarding the defence argument that the two statements to police are contradictory, I not find that they are. It is clear that in the second statement WM did not want to talk about the sexual incident. He only told the officer about it after she took a break and came back into the room and asked him why he was saying different things to her than he did to another officer in his first interview. She asked him if he was embarrassed to talk about it or if there was another reason.

She then told him that it was okay to tell something different than he said in his first statement. She stressed that the only thing she wanted was the truth. It was certainly not a case of him being pressured by police until he told them what they wanted to hear as was put to him by the defence. [ 82 ] WM explained, during cross-examination that he lied to Cst. Yee at first by answering that he had no idea whether the accused gave him a blow job because, in his words: “I didn’t feel comfortable talking about how somebody sucked my dick. I wasn’t comfortable with that police officer who I had never met before”.

He then added “I am not gay”. All of these explanations are consistent with what he told Detective Yee at the time when he said that he was too embarrassed and expressed discomfort with the idea that it may appear like he consented to the sexual act. [ 83 ] I accept WM’s explanation that he felt uncomfortable with Detective Yee – a female officer that he did not know at all. It is natural that he, a teenage boy, would feel discomfort in talking about something that he found so difficult and embarrassing with her.

In contrast, he knew Detective Parkinson who interviewed him the first time as he was a member of the Youth squad that dealt with WM regularly. [ 84 ] Overall I find that WM’s evidence makes sense. It is corroborated in many material ways including the accused’s concession as to the breach and drug charges. It fits with the Facebook messages and all of the other evidence. [ 85 ] What comes clear through the messages is that the accused befriended WM, who he knew was a young boy with a serious drug problem that was estranged from his family and having difficulties. The accused quickly tried to take over his life.

Within days he was calling himself family and held himself out to be the only person that was there for WM. He gave him money and drugs. He had WM trafficking. He never asked for the money that he made. He got WM a cell phone and paid the bills. His messages are constant. They are like a desperately jealous teenager – WM; WM are you there? Call me; call me, call me. Have you unfriended me? Did you block me? WM please don’t be mad. I miss you nephew. [ 86 ] Message after message. Often many messages in a day. Sometimes minutes apart. [ 87 ] He had WM to his room against the rules.

He assisted WM breach the conditions of his court orders – conditions the accused was well aware of. He fed WM’s drug addiction. He knew how worried WM’s father was about him and the accused lied to him repeatedly, pretending that he was helping. He held himself out to be WM’s saviour; but he was the opposite. As WM said – he was the one fueling my drug addiction. Why did the accused do all this? Clearly, he was grooming WM. [ 88 ] Having considered all of the evidence and all of the circumstances, I am satisfied beyond a reasonable doubt that the accused sexually assaulted WM.

I am also satisfied beyond a reasonable doubt that he breached his s. 810.1 recognizance by having contact with WM, a person under the age of 16, and that he trafficked methamphetamines and marihuana by giving it to WM to use and to sell. [ 89 ] Stand up Mr. Kavanagh – I find you guilty of all counts. “The Honourable Madam Justice Murray”