Adrian Cleaver

The accused, a 74-year-old retiree, was charged with kidnapping, uttering threats, aggravated assault, and attempted murder against his former partner.

After their separation, the accused drove the complainant to a secluded wooded area against her will, threatened to run her over if she escaped, and stabbed her in the abdomen and neck.

The court applied the W.D. framework to resolve conflicting testimony, rejecting the accused's claim of self-defence.

The accused was found guilty of kidnapping, uttering threats, and aggravated assault, but acquitted of attempted murder as the Crown failed to prove a specific intent to kill beyond a reasonable doubt.

The appellant appealed his summary convictions for sexual assault, assault, and criminal harassment, arguing the trial judge reversed the burden of proof and misapplied the W.(D.) principles when assessing credibility.

The appellant also argued the trial judge improperly relied on demeanor, given the appellant's testimony that he was on the autism spectrum.

The summary conviction appeal court found no error in principle, concluding the trial judge properly assessed the evidence as a whole and did not shift the onus to the accused.

The appeal was dismissed.

The accused was tried on a 7-count indictment involving allegations of domestic assault, mischief, and breach of probation against his former partner.

The court applied the W(D) framework to assess credibility, noting inconsistencies in the complainant's evidence but finding her credible regarding two specific assaults (chest bumping and head butting).

The accused was found guilty of two counts of assault and two counts of breach of probation, but acquitted of one count of assault and one count of mischief.

A charge of unlawful confinement was withdrawn.