The accused pleaded guilty to assault by choking, aggravated assault, and breach of probation arising from a prolonged episode of intimate partner violence, but contested unlawful confinement and uttering a death threat.
After assessing the complainant’s credibility and reliability, the court found her core account of repeated cyclical assaults, restraint inside the apartment, and two episodes of choking to be credible and materially corroborated by the physical scene and injuries.
The court held that the Crown proved unlawful confinement beyond a reasonable doubt because the complainant was prevented from leaving by force, intimidation, and surveillance.
The court acquitted on the uttering-threat count, finding the accused’s statements expressed indifference to the complainant’s suffering rather than an objectively ascertainable threat to kill.
On the Gardiner hearing, the court also found the disputed aggravating facts proved beyond a reasonable doubt.
