2 total
Accused sentenced to 12 months custody (time served) and 2 years probation for domestic assault.
The accused pleaded guilty to common assault against his former common-law partner and failing to comply with a recognizance by consuming alcohol.
The assault occurred in the victim's home while their child was present.
The accused had a prior criminal record including domestic violence and was on bail for sexual assault at the time.
The court weighed the aggravating factors of the domestic context and the child's presence against the mitigating factors of the guilty plea and the accused's recognition of his alcohol abuse problem.
The court imposed a sentence of 12 months custody, credited as time served, followed by two years of probation.
Similar fact evidence failed and credibility concerns raised a reasonable doubt.
Judge-alone criminal trial on historical sexual assault-related charges involving two complainants who alleged abuse by a parental figure in the family home.
The Crown sought to rely on each complainant's evidence as similar fact evidence for the other, but the court held the Crown had not disproved an air of reality to collusion on a balance of probabilities.
After extensive review of inconsistencies, motive to fabricate, delayed disclosure, and reliability concerns, the court found the complainants' evidence did not satisfy the criminal standard.
The accused was acquitted on all counts.
