The accused was acquitted of assault with a weapon as physical evidence supported his exculpatory narrative.
The defendant was charged with assault with a weapon following an incident on February 27, 2014, in which the complainant alleged the defendant struck her with a rum bottle, causing lacerations to her left ear.
The defendant denied striking the complainant and testified that the injury resulted from an accidental fall onto broken glass during a struggle over the bottle.
The trial judge found that while the complainant's account was facially reliable, the physical evidence and forensic findings were more consistent with the defendant's version of events.
The judge concluded that reasonable doubt existed as to the defendant's guilt and acquitted him of the charge.
R. v. Seraphin, 2015 ONCJ 515