The accused, S.J., pleaded guilty to four counts (6, 7, 8, 9) and proceeded to trial on four others (1, 2, 3, 4) involving the complainant, M.B., with whom he was in an intimate partner relationship.
The trial focused on allegations of sexual assault (Count 1), assault causing bodily harm (Count 2), mischief (Count 3) related to a September 2015 incident, and a later assault (Count 4) from May 2021.
Applying the R. v. W.(D.) framework, the court found M.B.'s evidence regarding the 2015 incident credible and reliable, while rejecting S.J.'s testimony as inconsistent and unbelievable.
Consequently, S.J. was found guilty of sexual assault and assault causing bodily harm for the 2015 incident.
For the 2021 allegations, M.B.'s evidence was deemed credible but unreliable due to internal inconsistencies and implausibility, leading to S.J.'s acquittal on the mischief and May 2021 assault charges.