K. Bertholet

The offender pleaded guilty to sexual assault, assault, and forcible confinement against his former intimate partner.

He broke into her apartment, assaulted her, choked her to unconsciousness twice, and sexually assaulted her while recording it.

The Crown sought a penitentiary sentence of 7-8 years.

The court considered the offender's bipolar disorder, substance abuse, and exceptional rehabilitation efforts while in pre-sentence custody.

The court imposed a total sentence of 5.5 years (3.5 years pre-sentence credit and 2 years less a day going forward) to allow the offender to serve the remainder of his sentence at the provincial detention centre, followed by 3 years of probation.

The accused was tried for one count of sexual assault.

The complainant alleged that the accused, an old friend, sexually assaulted her in her apartment.

The accused testified and categorically denied any sexual contact, stating he left after the complainant became emotional.

Applying the W.D. framework, the court found the accused's testimony straightforward and credible, concluding his exculpatory explanation could reasonably be true.

The accused was acquitted.