Winston Roberts was with charged with assault and sexual assault. At trial the complainant testified that the sexual assault was a continuous incident which involved digital penetration, fondling and intercourse. In the Crown’s closing submission jurors were told that they were not required to be ad idem as to how they reached their verdict but rather they were only required to deliver a unanimous verdict.

The jury found the accused guilty as charged. At the sentencing hearing an issue arose as to what facts Roberts should be sentenced upon: 2012 ONSC 3271.