K. Hetherington

In this joint trial, the Crown charged two defendants with assault causing bodily harm to a third party.

The victim was assaulted in the foyer of her residence in the early morning hours of August 2, 2017.

The court applied the W.(D.) framework to assess credibility and determine guilt separately for each accused.

The evidence established that one defendant delivered the blows causing bodily harm (two broken front teeth and a laceration), while the other defendant engaged in a single punch exchange with the victim that caused no significant injury.

The court found that the defendant who delivered the serious blows was guilty as a principal to assault causing bodily harm and also guilty of breaching four probation orders.

The other defendant was found guilty of simple assault only, as the Crown failed to prove she was a party to the more serious assault.

The accused brought an application to strike his guilty plea, arguing it was not fully informed and voluntary because he did not believe he had any other option but to plead guilty.

The Crown consented to the application.

After hearing brief testimony from the accused, the court found that the accused did not subjectively fully understand his options.

The court struck the guilty plea and adjourned the matter to set a trial date, noting the accused's waiver of his section 11(b) Charter rights for the period from the plea to the conclusion of the trial.