The accused was charged with assault causing bodily harm arising from an incident on June 3, 2012, when he allegedly assaulted his former long-term partner following her attendance at a party.
The Crown's case relied entirely on the complainant's testimony.
The court applied the W.(D.) framework and found the accused's evidence not credible and evasive on key points, including his explanations for attending anger management counselling and his knowledge of the complainant's hospital visit.
The complainant's testimony was found to be largely credible, though some aspects were exaggerated.
The court accepted corroborating evidence in the form of photographs showing injuries consistent with choking, the complainant's hospital attendance shortly after the alleged assault, and the accused's subsequent attendance at anger management counselling.
The court found the accused guilty of the lesser and included offence of assault.
