Emily Cherlet

The accused was charged with three counts of sexual assault and one count each of assault with a weapon and assault causing bodily harm, alleged to have occurred between March 1, 2018 and January 31, 2020, against his spouse.

The charges involved allegations of forced vaginal intercourse, non-consensual anal intercourse on two occasions, assault with a jar of Vaseline, and assault causing a broken toe.

The trial proceeded on the basis of conflicting testimony between the complainant and the accused, with credibility being the central issue.

The court found the accused not guilty on all five counts, citing concerns regarding the credibility and reliability of the complainant's evidence, inconsistencies in her testimony, and the timing of her allegations to police.

This case involves charges of assault causing bodily harm against Mathew Kinsella and Alexandria Skeffington arising from a violent altercation on October 2, 2022.

The court analyzed video evidence and witness testimony, including the defendants' claims of self-defence and defence of another under section 34 of the Criminal Code.

The judge found the complainants' testimonies unreliable due to intoxication and inconsistencies, while accepting Ms. Skeffington's credible testimony.

Applying the Supreme Court's recent guidance on self-defence, the court concluded that the Crown failed to prove beyond a reasonable doubt that the defendants' actions were unlawful, resulting in dismissal of all charges.