This criminal trial involved 16 counts against the accused, Gary Joseph Levar, including various assault-related charges and a breach of recognizance.
The court heard evidence over nine days, focusing heavily on witness credibility, particularly given the extensive drug use by the complainant, the accused, and other key witnesses during the alleged events.
Forensic evidence, including toxicology and DNA analysis, was also presented.
The court applied the principles from R. v. W.(D.) regarding reasonable doubt.
Ultimately, the court found the evidence of the complainant to be unreliable due to drug intoxication and periods of unconsciousness, and found that the testimony of defence witnesses, particularly Vanessa McKinnon, raised reasonable doubt.
The accused was acquitted on 14 of the 16 counts, including all serious assault charges, and Count 2 was dismissed at the Crown's request.
The accused was convicted only on Count 16, a breach of recognizance, and sentenced to 60 days incarceration with credit for pre-trial custody.
