Criminal trial arising from allegations of intimate partner violence, sexual assault, and breach of recognizance between spouses.
Applying the W.(D.) framework, the court accepted parts of the complainant’s evidence while finding reasonable doubt on the counts of assault causing bodily harm and sexual assault due to inconsistencies and reliability concerns.
The court found the June 2018 assault proved beyond a reasonable doubt based on corroborative police observations, the 911 call, and the surrounding circumstances.
The breach charge was also proved beyond a reasonable doubt based on the complainant’s unshaken evidence of post-release contact.
