The accused was tried without a jury on charges of two counts of sexual assault, assault, and uttering threats arising from incidents involving an intimate partner.
The court assessed credibility between the complainant and the accused and considered whether the Crown proved each element beyond a reasonable doubt.
The judge found reasonable doubt regarding the two alleged sexual assaults due to concerns including delayed reporting, the complainant’s grogginess at the time of the alleged events, and the plausibility of an alleged admission.
However, the court accepted the complainant’s evidence concerning a later incident involving a punch and threatening statement, finding it credible and corroborated by injury evidence and inconsistencies in the accused’s testimony.
The accused was acquitted of the sexual assault counts but convicted of assault and uttering threats.
