H. Bajwa

The accused was tried on multiple charges including sexual assault, assault by choking, assault with a weapon, mischief, and uttering death threats against his wife.

The charges arose from a five-day period shortly after the complainant arrived in Canada from India.

The court applied the W(D) framework to assess the conflicting testimony of the complainant and the accused.

Finding inconsistencies and difficulties in the evidence of both parties, the court concluded it could not reject the accused's testimony.

As the Crown failed to prove the charges beyond a reasonable doubt, all charges were dismissed.

The defendant was charged with dangerous driving, impaired driving, and driving with a blood alcohol level over 80 after losing control of his vehicle and colliding with a parked truck.

The defendant brought Charter motions under sections 7, 8, 9, and 10(b), arguing his blood sample was unlawfully seized at the hospital while he was unconscious.

The court dismissed the Charter motions, finding the blood was drawn for routine medical care and lawfully seized pursuant to a warrant.

The court found the defendant guilty on all charges, relying on the presence of a rum bottle, an admission of alcohol consumption to paramedics, the collision itself, and toxicology results showing a blood alcohol level of 186.

The offender was found guilty of the brutal sexual assault and assault of a vulnerable woman, as well as assault, assault with a weapon, and mischief against a good Samaritan who intervened.

The offender, a first-time offender with schizophrenia and alcohol use disorder, violently attacked the woman in an alleyway and subsequently chased and assaulted the intervening bystander.

The court emphasized denunciation and deterrence, noting the extreme violence and callousness of the attack.

The offender was sentenced to a global penitentiary term of 8 years, comprising 7 years for the offences against the woman and 1 year consecutive for the offences against the bystander, less pre-sentence custody credit.