Robert Kindon

The accused was charged with sexual assault arising from an encounter at a buck and doe event on the Six Nations Reserve on July 29, 2012.

The complainant was heavily intoxicated and had significant memory gaps regarding the night.

The Crown advanced two theories: first, that the complainant lacked capacity to consent due to extreme intoxication, and second, that she did not in fact consent.

The court found the complainant possessed minimal capacity to consent despite her intoxication.

However, the court found the evidence regarding actual consent was equivocal and could not be resolved beyond a reasonable doubt.

The charge was dismissed.

The accused was charged with sexual assault of his former girlfriend on May 24, 2013.

The complainant alleged the encounter was non-consensual, while the accused claimed it was consensual or that he honestly believed it was.

The court applied the framework from R. v. Ewanchuk and found the complainant credible and the accused not credible.

The court determined the complainant did not consent and that the accused was aware of her lack of consent and proceeded regardless.

The accused was found guilty of sexual assault.

The accused was charged with assaulting his common-law spouse.

The Crown's case was straightforward: the accused punched and kicked the victim on the stairs and basement of their shared residence.

The accused admitted to the physical acts but raised a defence of non-insane automatism, claiming he was in a state of hypoglycaemic shock due to his diabetes and was therefore unaware of his actions and unable to form the requisite mens rea.

The court found that the accused had met the threshold for raising the defence and, on a balance of probabilities, had rebutted the presumption of voluntariness.

The accused was acquitted.

The accused was charged with dangerous operation of a motor vehicle causing bodily harm and failing to stop at the scene of an accident knowing that bodily harm had been caused.

The incident occurred when the accused operated an ATV in a public park in a dangerous manner, performing donuts and driving at high speed through a skateboard park where members of the public were present.

The accused struck a person, causing a fractured femur.

The court found the accused guilty of dangerous driving causing bodily harm but not guilty of the aggravated failure to stop charge, instead finding him guilty of the lesser included offence of simple failure to stop.