Following a judge-alone criminal trial arising from a volatile intimate-partner relationship, the court assessed credibility, circumstantial evidence, expert fire investigation evidence, and forensic chemistry evidence concerning an apartment fire, threats, property damage, and a secretly taken nude photograph.
The court accepted the complainant's evidence notwithstanding some inconsistencies and applied the circumstantial evidence framework to determine which inferences were reasonably available.
The Crown failed to prove the specific intent to kill required for attempted murder, but proved aggravated assault, two arson counts, one count of mischief, uttering a death threat, and voyeurism.
The accused was acquitted of attempted murder and one mischief count because colour of right raised a reasonable doubt as to the cellphone.
