2 total
Two assault convictions entered; sexual assault charge failed on knowledge of withdrawn consent.
In a judge-alone criminal trial arising from allegations by a domestic partner, the court considered two assault counts and one sexual assault count.
Applying the reasonable doubt framework to competing credibility and reliability evidence, the court found the accused had purposefully downplayed his physical reactions during two domestic conflicts and that the Crown proved intentional non-consensual touching on those counts beyond a reasonable doubt, notwithstanding embellishment in parts of the complainant's account.
On the sexual assault count, the court found the complainant's evidence unreliable on key surrounding circumstances and accepted the accused's evidence that he did not know consent had been withdrawn before the complainant physically moved away.
Convictions were entered on the two assault counts and an acquittal on the sexual assault count.
The Court dismissed the appeal, upholding the admission of fingerprint evidence and denying a stay.
The appellant appealed convictions for home invasion related offences, challenging the admissibility and reliability of fingerprint evidence due to alleged confirmation bias, and the trial judge's dismissal of an application for a stay of proceedings based on alleged Charter breaches during an altercation in custody.
The Court of Appeal dismissed the appeal, finding no error in the admission of fingerprint evidence and upholding the trial judge's decision to deny a stay, noting the high bar for such a remedy.
