Kenzie Nicole Bunting

Edwin Capehart was found guilty by a jury of sexual assault and choking to facilitate a sexual assault.

The court, considering aggravating factors such as premeditation, the significant size difference between the offender and victim, the use of choking, and the profound psychological harm to the victim, balanced these against mitigating factors including the offender's youth, first offender status at the time of the offence, strong family support, difficult early life in a refugee camp, educational challenges, productive use of time in custody, and genuine remorse.

The court imposed an effective sentence of four years of imprisonment (inclusive of pre-sentence custody credit), followed by two years of probation, a restitution order of $3,000, a DNA order, a lifetime weapons prohibition, and a 20-year Sex Offender Information Registration Act order.

The victim surcharge was waived due to undue hardship.

The accused, a tow truck driver, was charged with assault with a weapon, threatening bodily harm, and dangerous driving following an altercation with another tow truck driver.

The Crown proceeded summarily.

The court found the complainant's evidence credible, supported by video and physical evidence, and rejected the accused's self-defence claim, finding his actions were motivated by vengeance rather than self-protection.

The accused was found guilty of assault with a weapon and threatening bodily harm, but not guilty of dangerous driving as the driving conduct did not meet the criminal threshold.