The accused was seen entering a privately-owned stable with rope and going into a stall containing a miniature pony and a donkey. Both Ottawa Police and the Ontario Provincial Police arrived at the scene, where they found the accused standing behind the miniature horse with his pants down and had an erection. He also had a sex toy and lubricant in his possession. The horse’s back legs had been tied, there was lubricant on the horse and the accused’s penis appeared to be ‘shiny’ (para. 8).
The accused was charged with break and enter, attempted bestiality, and loitering. The case was based on circumstantial evidence, with the burden on the Crown to prove there is no other reasonable inference than one of guilt beyond a reasonable doubt.
The Crown sought a conviction for attempted bestiality as there was no direct evidence of penetration, while the defence argued that it was a reasonable inference that the accused was there to masturbate.
The Court determined that there was ‘no other reasonable explanation beyond speculation’ and that the Crown had proven the essential elements of attempt to commit bestiality beyond a reasonable doubt. The loitering charge was dropped, and the accused was found guilty of the remaining two charges.
Reasons for sentencing are here.