Minto man headed to trial on sex assault, assault charges
William Oscar Smith, 33, faces new counts alleging earlier offences against a woman he was already accused of assaulting
A Minto man scheduled to stand trial in January on charges of assaulting and sexually assaulting a woman last year now faces additional, similar counts involving the same complainant.
William Oscar Smith, 33, of Upton Street, previously pleaded not guilty to summary charges of assault and sexual assault.
Those charges allege offences against a woman in Minto on Nov. 20, and Smith is scheduled to stand trial on those counts Jan. 30, 2024.
However, Smith was back in provincial court Wednesday, facing new but similar charges.
The RCMP has filed new charges, alleging he sexually assaulted the same woman between Jan. 1, 2017, and Sept. 30, 2022; that he threatened to cause her death and/or bodily harm between Jan. 1, 2017, and Sept. 7, 2022; and that he assaulted her between Sept. 1-30, 2018.
The new charges also allege events in Minto.
Judge Brian MacLean, at the request of prosecutor Brian Munn, ordered a publication ban on information that would tend to identify the complainant.
Defence lawyer T.J. Burke said Smith was electing to be tried in provincial court on the more serious charges, and pleaded not guilty Wednesday.
At the defence request, MacLean scheduled the trials on those counts at the same time as the other ones - Jan. 30, 2024.
Burke also noted the defence plans to make an application under Section 276 of the Criminal Code of Canada to allow it to introduce evidence about the complainant’s sexual history.
Normally, such evidence isn’t admissible in sex-crime trials, but Subsection 2 of that section of the Code notes it can be if a judge finds such evidence “is relevant to an issue at trial” or “has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.”
MacLean scheduled a hearing on the issue for Oct. 12.
Don MacPherson can be contacted at ftonindependent@gmail.com.