The accused was tried on charges of sexual assault, sexual assault by choking, and assault with a weapon.
The sexual assault charges related to allegations by his former spouse, while the assault with a weapon charge related to the accused spanking his daughter with a Birkenstock sandal.
Applying the W.(D.) framework, the court found a reasonable doubt on the sexual assault charges and acquitted the accused.
However, the court found the accused guilty of assault with a weapon, concluding that the use of the sandal was unreasonable and not protected by the corrective force exemption under section 43 of the Criminal Code.
