G.J. Partington

The Ontario Court of Justice convicted Jananan Sri of sexual assault based on the complainant I.C.'s testimony and DNA evidence.

The accused and complainant gave conflicting accounts of the sexual activity, with the accused claiming consensual sex in exchange for crack cocaine, and the complainant denying consent and describing coercion and fear.

The judge carefully assessed credibility and reliability, considering intoxication, memory gaps, and corroborating surveillance footage.

The court rejected the accused's version due to inconsistencies and accepted the complainant's account as credible and reliable, finding the Crown proved guilt beyond a reasonable doubt.

The accused was charged with impaired driving, driving over 80 milligrams of alcohol per 100 millilitres of blood, and driving while suspended.

The defence brought a Charter application seeking exclusion of breath test results, alleging violations of sections 8, 9, and 10(b) of the Charter.

The court found that the officer had reasonable and probable grounds to stop the vehicle and make the breath demand, that the detention was not arbitrary, and that while the right to counsel issue was potentially troubling, the accused failed to exercise appropriate diligence in communicating his preference for his own counsel.

The court found the accused guilty on all counts.