The defendant was charged with assault and breach of probation arising from an incident on January 22, 2014, involving his common law spouse.
The Crown alleged the defendant assaulted the complainant in the basement laundry room after she refused to return his car keys when he was intoxicated.
The defendant claimed the injuries resulted from a mutual struggle and accidental contact.
The court applied the R. v. W.D. test and found the complainant's evidence clear, reliable, and corroborated by physical evidence, while the defendant's evidence was evasive and self-serving.
The court convicted the defendant of both assault and breach of the probation order's term to keep the peace and be of good behaviour, though it found the choking allegation was not proven beyond a reasonable doubt.
