The accused was tried on ten charges arising from a three-year common law relationship, including assault, sexual assault, assault causing bodily harm, assault with a weapon, and uttering threats.
The accused brought a Charter application alleging a breach of section 7 due to the police's failure to preserve video surveillance evidence, which was dismissed as the court found no unacceptable negligence.
Applying the W.(D.) framework, the court assessed the credibility of both parties, finding the complainant largely credible despite some inconsistencies, while rejecting much of the accused's testimony.
The accused was found guilty of seven counts, including assault, assault with a weapon, and uttering threats, but acquitted of sexual assault and two other assault charges where reasonable doubt remained.
