The accused was charged with multiple offences, including aggravated assault against a three-month-old infant and assault with a weapon against his girlfriend, following a domestic dispute.
The Crown relied heavily on the girlfriend's videotaped police statement, which she recanted at trial.
Applying the W.D. framework, the court found the accused guilty of simple assault for intentionally dropping the infant's bassinette and for placing a pillow over his girlfriend's face.
However, the court acquitted the accused of aggravated assault and uttering threats, finding reasonable doubt regarding the cause of the infant's severe head injuries and the exact words spoken during the pillow incident.
