Court File and Parties

Court File No.: Newmarket Date: 2 June, 2014

Ontario Court of Justice

Between: Her Majesty the Queen — and — Michael Korpan

Judgment

Heard: June 2, 2014 Reasons: June 2, 2014

Counsel: Ms. Shambavi Kumaresan for the Crown Mr. Brian Eberdt for Mr. Korpan

Decision

KENKEL J. (Orally):

1. The accused was charged with 4 counts of assault and one count of uttering a threat to cause death all in relation to his former wife.

2. I agree with both counsel that the assault counts should be dismissed.

3. With respect to the charge of uttering a death threat, the complainant's evidence on that count was vague which was a feature of much of her testimony. The exact wording is essential to proof of the count as the accused was otherwise highly intoxicated when the alleged threat was uttered and there's little detail as to the context. The complainant testified that the police misunderstood her original statement about the timing of the threat.

4. I'm mindful that the complainant wanted the accused out of the house at the time she made the original complaint. She had a good reason - he was drunk on the day her young daughter was having friends sleeping over for a party. However, the complainant admitted that her portrayal of the incident on the day in question was motivated in part by her interest in having him removed from the house where the police had earlier told her that day that they could not remove him unless there was a complaint of violence or threat of violence.

5. Given the vague nature of the evidence as to the threat and the possible motive on the part of the complainant to exaggerate in that regard, I find that the remaining charge has not been proved beyond a reasonable doubt.

6. All charges are dismissed.

Delivered 2 June 2014

Justice Joseph F. Kenkel