R. v. P.Q.

canada, canadian, case law, court opinion, canlii, onca, 2026onca637, 2026 onca 637 (canlii), 2026, onca, 637, (canlii), c70936, 2026, criminal and statutory offences, sexual offences against children, sexual assault, sexual interference, mistaken belief of age, s. 150.1(4), whether appellant took all reasonable steps to ascertain age, recklessness about complainant’s age from “red flags”, r. v. carbone, r. v. w.g. applied, conviction appeal dismissed, evidence, appellate review, misapprehension of evidence, facebook message about complainant being 15, did the trial judge misapprehend timing evidence and fail to grapple with reliability, credibility findings and conflicting timeline evidence considered, alternative “independent red flag” evidence noted, ground of appeal rejected, conviction appeal dismissed, procedure, appeals, ineffective assistance of counsel, failure to call witness, whether trial counsel was incompetent for not calling proposed witness and whether verdict unreliable, fresh evidence affidavits tendered and cross, examined, performance and prejudice components applied, “reasonable probability” not shown, iac claim dismissed, conviction appeal dismissed, procedure, appeals, ineffective assistance of counsel, advice on testifying, whether advice that appellant’s evidence would not help was outside reasonable professional judgment, client decision to testify considered, risk of cross, examination on prior police statements noted, independent evidence supporting defence strategy relied on, iac claim rejected, conviction appeal dismissed, evidence, sentencing, fresh evidence on appeal, forensic psychiatrist opinion of ptsd from jail experiences, whether fresh evidence is likely to affect sentence under r. v. lévesque, conditional sentence described as exceptional for sexual offences against children, medical hardship not shown to change disposition, evidence not admitted, sentence appeal dismissed