Anthony G. MacKinnon

The accused was charged with one count of assault and one count of assault with a weapon (a water bottle) involving his wife.

The Crown proceeded summarily and the accused pleaded not guilty.

The case turned on the credibility and reliability of the complainant and the accused.

The court found the complainant's evidence regarding the first assault compelling and corroborated by her injuries, resulting in a guilty verdict on the assault charge.

However, regarding the alleged assault with a water bottle on the following day, the court found insufficient evidence to prove guilt beyond a reasonable doubt, as the complainant expressed uncertainty about whether the accused deliberately threw the bottle at her, and the accused's version that he threw it onto the table raised a reasonable doubt.

The court also addressed the application of the rule in Browne v. Dunn regarding cross-examination and found that while there was a failure to cross-examine on certain matters relating to the first incident, this was not determinative.

The defendant was charged with refusing to provide a sample of his breath into an approved screening device following a RIDE program stop outside a licensed bar.

The Crown alleged the defendant deliberately failed to provide an adequate breath sample during six tests conducted over approximately six minutes.

The defendant testified he was attempting to comply but may have had difficulty with the mechanics of the test due to his habit of chewing gum and keeping his tongue still.

The court found that the evidence raised a reasonable doubt as to whether the defendant formed a clear intention to refuse or fail to provide a sample, and acquitted him.