The defendant was charged with aggravated assault of his newborn child after the child presented with subdural and retinal hemorrhages.
The Crown relied on expert medical evidence concluding the injuries were highly concerning for inflicted injury, based partly on hearsay accounts of the defendant forcefully rocking the child.
The court found the factual foundation for the expert's opinion on the mechanism of injury was not proven at trial and noted the expert was not provided the defendant's video statement.
Applying the W.(D.) framework to the defendant's exculpatory police statement, the court concluded the Crown failed to prove beyond a reasonable doubt that the defendant had the requisite intent for assault.
The defendant was acquitted.
