COURT FILE NO.: 15450/20
DATE: 20210910
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
SHAKEEM ANDERSON-HENRY
Defendant
N. Trbojevic, for the Crown
M. Engel, for the Defendant
HEARD: August 2 - 12, 2021
s. j. Woodley, J.
reasons for decision
WARNING
INFORMATION CONTAINED HEREIN CANNOT BE PUBLISHED, BROADCAST OR TRANSMITTED PURSUANT TO ANY ORDER UNDER SECTIONS 539 AND 486.4(4) OF THE CRIMINAL CODE OF CANADA. THIS JUDGMENT COMPLIES WITH THIS RESTRICTION AND CONTAINS NO INFORMATION IDENTIFYING THE COMPLAINANT IN THIS PROCEEDING.
INTRODUCTION
[1] The Defendant, SHAKEEM ANDERSON-HENRY, stands charged that between January 1, 2019 and May 8, 2019, that he did:
(i) Steal a motor vehicle, the property of AZ, contrary to s. 333.1(1) of the Criminal Code of Canada;
(ii) Commit an assault on AZ, contrary to s. 266 of the Code;
(iii) Withheld a travel or identity document namely a driver’s licence and health card belonging to AZ for the purpose of committing or facilitating an offence under s. 279.01(1) of the Code, contrary to s. 279.03(3) of the Code;
(iv) Exercised control, direction or influence over the movements of AZ for the purpose of exploiting or facilitating the exploitation of AZ, contrary to s. 279.01(1) of the Code;
(v) Received a financial or other material benefit, namely a sum of money, knowing it was obtained by the commission of an offence under s. 279.01(1) of the Code, contrary to s. 279.02(1) of the Code;
(vi) Obtained for consideration the sexual services of a person, contrary to s. 286.1(1) of the Code;
(vii) Exercised control, direction or influence over the movements of AZ for the purpose of facilitating an offence under s. 286.1(1) of the Code, contrary to s. 286.3(1) of the Code;
(viii) Without lawful excuse, possessed a prohibited or restricted weapon, namely a handgun, while knowingly not being the holder of a licence permitting such possession, contrary to s. 92(2) of the Code;
(ix) Without lawful excuse, occupied a motor vehicle knowing that there was in that motor vehicle a prohibited firearm, restricted firearm or non-restricted firearm, namely a handgun, which was not a replica firearm, contrary to s. 94(1)(a) of the Code;
(x) Used a firearm, namely a handgun, while committing an indictable offence under s. 279.01(1) of the Code, contrary to s. 85(1)(a) of the Code;
(xi) Without lawful excuse, possessed a firearm, namely a handgun, while prohibited from doing so by reason of an order made under s. 109(1), contrary to s. 117.01(1) of the Code;
(xii) Committed an assault with a weapon, to wit a handgun or imitation thereof, on AZ, contrary to s. 267 of the Code; and
(xiii) Intentionally discharged a firearm, namely a handgun, while being reckless as to the life or safety of another person contrary to s. 244.2(1)(b) of the Code.
OVERVIEW
[2] SHAKEEM ANDERSON-HENRY has pleaded not guilty to all charges.
[3] The judge alone trial of this matter was heard by me August 2 to August 12, 2021, in person, in accordance with the prevailing Covid-19 protocols.
[4] The complainant, AZ, was the sole witness at the trial.
ISSUE
[5] The issue in this case is whether the Crown has proven beyond a reasonable doubt that the accused Shakeem Anderson-Henry is guilty of any one or all of the offences that he stands charged.
FACTS
[6] AZ was the sole witness at trial and despite suffering from nausea due to pregnancy, AZ generally appeared confident and assured in providing her evidence.
[7] AZ testified that she met the accused in January or February of 2019. AZ referred to the accused throughout the trial as “Six” and he is hereinafter referred to in these Reasons for Decision as “Six”. When AZ met Six she was actively working as an independent sex trade worker out of Motel 6 in Peterborough and was fully addicted to cocaine.
[8] AZ’s first meeting with Six was at a “trap house” which is a place where you purchase and consume drugs. AZ attended the trap house to purchase cocaine for a client but had no cash to pay for the drugs. Six supplied the drugs and accompanied AZ in her vehicle to her client’s home in Lindsay, Ontario.
[9] AZ drove herself and Six to her client’s home in her 2017 Hyundai. According to the vehicle registration filed, the car had been purchased by AZ approximately one year prior and the registration (and insurance) expired on January 30, 2019.
[10] AZ advised that the car had a special place in her heart as it was the first new car she had ever purchased and the first thing she bought for herself following her separation from her ex-husband.
[11] When AZ and Six arrived in Lindsay, he delivered the drugs to AZ’s client and was paid. Six then waited in the client’s living room while AZ worked overnight. AZ and Six left the client’s home early the next morning. AZ drove for a bit but was “out of it” as she had been working and doing cocaine all night and so AZ parked and Six took over the driving. AZ expected that they were returning to Peterborough. AZ gave Six her car keys and retained her second set of keys in her purse in the center console. AZ promptly fell asleep and when she woke, they were on the 401 in Scarborough. Six explained to AZ that he needed to pick up his cousin and girlfriend to “get a spot” for Six. After Six picked up his passengers, he almost got into an accident and this caused an argument between Six and his cousin. AZ demanded her keys back and the cousin demanded to be dropped off. Six dropped off his cousin and girlfriend and AZ again demanded her keys back. AZ testified that Six responded “I’m driving, fuck off, I’ve got this”.
[12] AZ testified that Six then punched her in the back of the head five to six times, pushed her head down into the dash and she hit her head on the air vent. AZ said she then tried to get out of the moving car and Six was freaking out. He grabbed her hair and got her back in the car. AZ said when Six pushed her head down she got a glimpse of a gun –and asked him “What is this?” In response Six pulled out the gun and said, “Look bitch”. AZ said she was scared and froze. They ended up going back to Peterborough and the drive back was awkward and quiet.
[13] When they returned to the Peterborough, Six refused to give AZ her car keys. Six “basically told her” she would work for him. “Fuck you, I have your car now and you are going to work for me”. AZ understood that she was to give him all her money from her sex work and she wasn’t open to that because she was independent. AZ told Six “No, I am not going to work for you” and Six replied, “Well good luck getting your car back”.
[14] AZ testified that she did some drugs at the trap house and Six did whatever he was doing, and they left together. Six drove AZ to the Motel 6 in Peterborough and then left with her car. Six told AZ, “If you want your car back you have to pay me x amount” – and she agreed. AZ testified that she told Six, “I’ll pay you $1,000”. AZ said that this was when Six began extorting her.
[15] AZ testified that when Six left with her car he left with “everything” and she felt helpless. AZ said that she kept anything of value with her in her car as she lived out of a motel. She had her extra car key in the center counsel, her birth certificate, insurance, ownership and $2,000 in cash from her overnight call in her purse, together with her temporary license and temporary health card in her glove box. AZ said that she did not attempt to retrieve her spare key from the console before she exited her vehicle as she said she was high on cocaine and forgot.
[16] During cross-examination AZ amended her evidence and said that her overnight Lindsay client gave her (AZ) the money for the drugs and she gave Six $500 - $550 for the drugs and put the remaining $2,000 under her car mat. Six ended up taking that money when he took the car. She said there was no money in her purse.
[17] AZ acknowledged that her evidence regarding Six taking her money, keys and identity documents at trial differed from her police statement and preliminary inquiry and explained the inconsistencies as follows: “I know he took the money, I know he took my car, I know he took my purse – I was high”.
[18] AZ often relied upon the proviso that she was “high the whole time” when her testimony was found to be inconsistent. More specifically, AZ testified “the man put me in a spa – he said he would give me my vehicle back – it’s complicated because I was high – it’s kinda fuzzy”.
[19] AZ also repeatedly testified that her memory was affected by her drug use and trauma and that drug use and trauma affected her ability to remember certain details - but she is sure that the “man stole my car” and “made me work”.
[20] AZ initially said that Six told her, “Give me $1,000 and you will get your car back”. Then the terms changed and Six told her she had to go to work for him for a week (in a spa in Brampton) and she could get her car back.
[21] AZ testified that she didn’t report the theft of her car to the police as she didn’t want to be known as a snitch or a rat.
[22] AZ said she went to work for Six using an app (Text Now) to post her ads and to communicate with her clients. She also texted from her phone which was not necessarily safe, but said she was an addict. AZ gave Six her email and password so that he could see what she was doing and how much money she was making. AZ said she also used a second phone to which Six did not have access. AZ said she posted her ad, details of her services and costs with photos and that Six was not involved in this aspect. AZ acknowledged that this evidence is inconsistent with her preliminary inquiry testimony wherein she testified that Six controlled her postings and ads.
[23] AZ said that one time she accompanied Six to Toronto because he told her that they were going to drop off his rental car and get her car from his mother’s house. AZ said they returned Six’s rental car and went to a Thai restaurant to wait for an Uber to return to his mother’s house. They were waiting a long time (1 – 1 ½ hours) and AZ asked Six what was going on. Six replied “Fuck you, stupid bitch you’re nothing but a coke head shut up and sit down”. AZ told Six to “go fuck himself” and left. Six then began messaging her – he was in the Uber. Six picked up AZ and they drove to his mother’s home. AZ said the ride was horrible. Six was yelling at her saying “What makes you think you can run off – I am going to fucking kill you”.
[24] When AZ and Six arrived at his mother’s house – her car was not there. AZ was told to go sit in the kitchen. She briefly met his two young sisters. Six went downstairs to his room and when he returned upstairs, he had a gun. AZ testified that Six put the gun in his pants, and they left. AZ asked Six about her car and he replied, “Go fuck yourself, you’re not getting it now”. AZ and Six left and returned to Peterborough. AZ doesn’t recall how – but knew that they didn’t drive her car.
[25] AZ testified that Six showed up at Motel 6 during the week, pre-arranged, once or twice per week to collect her money. She testified that she would be working a mixture of in and out calls but less out calls since she didn’t have her car.
[26] AZ testified that Six took the $2000 earned from her Lindsay overnight and a further $1,000. AZ testified that after she gave Six the money, he didn’t give her car back and she was confused by this. Six then told her that his cousin ran a brothel in Brampton called Atlantis Spa and if she worked at the spa, she could get her car back.
[27] AZ testified that Six drove AZ in her vehicle to Whitby where she picked up three Ontario Works cheques from her victim support worker. AZ said she hid the money from Six in her shoe, underwear, and bra, as the money was her “escape plan”.
[28] Six then drove AZ to Brampton in AZ’s car, they got a room at Motel 6 and she went to work at the Spa for one week. AZ said that Six created the ad for Atlantis and took several photos. AZ handed her phone to Six to let him use it. AZ testified that Six directed and AZ cooperated. AZ’s clients came to either Motel 6 or the Spa. AZ said that Six also got another girl and she (AZ) got them a room.
[29] AZ said that while in Brampton at the motel parking lot, a police cruiser pulled up behind them and she assumed they were running her plate. AZ testified that Six had the gun on him and told her to put it in her purse and so she did. AZ said she kept the gun for 10 – 15 minutes and took it into the motel room inside her purse because the police wouldn’t check her.
[30] AZ said the idea of going to Brampton was to make more money. She paid a room fee and a shift fee every day to the boss who was an older female. AZ said she worked long hours at the Spa and made around $4,000 that week and the money went straight to Six.
[31] AZ said she was “being extorted” by Six that she was afraid of him as he had a weapon and had assaulted her. AZ testified that she was trying to be civil and cordial to get her car back. She said she was by herself and had no family and no support system and everyone she knew was in “the game” meaning escorts, dealers, and addicts.
[32] AZ said that during the spa week in Brampton that Six would drop her off each morning and pick her up at night and she would give him the money. AZ testified that Six would beat her up and she would get “her ass kicked”. AZ said that Six told her he knew exactly how much she makes.
[33] AZ said that her work at the Spa “got ruined” because Six would not pick her up on time to start her 10 am shift and she was late every day. She wasn’t allowed to work at the Spa after the first week. AZ said that she could “care less” as she was being used as a slave – as they were superstitious in the Spa and she wasn’t allowed to sleep or sit and “barely anyone spoke English”. AZ said she was happy to get out of there.
[34] At the end of the week, which was sometime in February 2019, AZ and Six left Brampton and returned to Peterborough. AZ said the trip back was “hectic, scary”. AZ testified that Six was mad at her because she got fired – she said with the money and everything they began arguing. AZ said the argument escalated and they pulled over in Scarborough, in a parking lot – and “that is when he pulled the gun”.
[35] AZ said it was in the evening in the winter and it was dark out. She said the incident happened in an empty parking lot and there was a tow truck driver. They were arguing because she got fired and Six had found her OW money in her wallet when he was driving to Peterborough and stole it from her. AZ said she tried to get it back and Six hit her with the gun. AZ challenged Six and said that the gun “wasn’t real”. Six then showed her the gun and shot it out the window. AZ said that Six assaulted her again with the gun and hit her on the right side of her face chipping her tooth and causing her lip to bleed. AZ said it was one strike with the gun to her face, the clip part. AZ described the gun as being black with some silver on it. She said that she was terrified and the gun (when shot out the window) was very loud. AZ said she didn’t see the gun any other time and he didn’t use the gun against her at any other time.
[36] After this altercation, Six dropped AZ at the Motel 6 in Peterborough and AZ continued to work and give Six her money. She said Six came over 1 – 2 times per week and sometimes she met him at the trap house otherwise he came to the motel.
[37] Once back in Peterborough, AZ was making less than before and said Six was upset and would hit her sometimes, depending on her attitude. If she talked back, he would hit her. AZ said that Six would slap her and grab her face, her hair but show no injury as you “can’t damage your product”.
[38] AZ said she was a full-blown addict living and working out of the Peterborough Motel 6 during this period.
[39] The client folio records pertaining to AZ’s occupancy at the Peterborough Motel 6 were filed at trial for the period January to May 2019. The records evidence that AZ paid for a room and/or rooms at the Motel 6 in Peterborough, on the following dates:
i. January 2019: Jan. 4 to 7 and Jan. 16 to 31 (Note: AZ claimed to be at the Motel 6 in Brampton January 8 to 15 but no records for Motel 6 Brampton were produced);
ii. February 2019: Feb. 1 to 19 (room 229); Feb. 5 to 11 (AZ got a second room 224 for a “friend” who was NOT Six); and Feb. 24 (room 209); and
iii. March 2019: March 7 (room 318).
[40] In March 2019, AZ testified that she reached out to her victim support worker and was set up in rehab (her second time). AZ attended in-patient rehab in the Bewdley area – for 30 days, commencing sometime in March and ending sometime in April 2019.
[41] AZ said that her time in rehab was great, she loved it, she was at peace. AZ initially advised she was released from rehab just before Easter weekend, roughly the middle of April in 2019. On cross-examination AZ agreed that she was released earlier around April 13, 2019, which timing is supported by AZ’s text messages and the Motel 6 records, filed.
[42] AZ said that she was not allowed a phone while in rehab and upon release she got a new telephone number and maintained her sobriety for a week or so. AZ said she tried to work independently but business was slow, and she was struggling.
[43] The Peterborough Motel 6 records note that AZ rented a room in April and May 2019 as follows:
i. April 2019: April 13 (room 317); April 18 – 23 (room 317); April 26 – 30 (room 317); and
ii. May 2019: May 1 to 7 (room 317); May 6 to 7 (AZ got a second room 315 for a man named “Flip”).
[44] AZ said a week or two after she left rehab that Six texted her through Text Now and asked her what they were going to do about the car and she replied, “I’ll take it”.
[45] AZ said that by that time she had paid Six about $7,000 to get her car back but never got it back. Now she says he was asking for more money. She said she had to work to get him more money.
[46] In addition to AZ’s testimony, text messages retrieved from AZ’s phone were filed at the trial as an Exhibit commencing after rehab on April 13, 2019. No explanation was provided for the failure to provide text messages prior to April 13, 2019 and there is simply no evidence on this point. I have made no negative inferences regarding the failure to file previous text messages as the absence of evidence is not evidence in this case.
[47] There were several groups of text messages filed. There were messages between AZ and Six, filed by the Crown. There were also text messages filed between AZ and anonymous clients, AZ and Officer Brad Chapman, and AZ and a man named “Flip” which messages had been deleted prior to delivering the phone to the police and subsequently recovered, filed by the Defence and referred to in cross-examination.
[48] The following is a summary of what I find to be the more important of the text messages in this case.
Text Messages Filed by Crown between AZ and Six
i. April 26/19: text message from Six to AZ that states “Np”. “Seen where u at”. AZ responds “Comfort Inn, Oshawa”. Six “okay neat”. AZ “slow heading back to ptbo”. After a few further messages, AZ writes “Six I had to start over” and Six responds “Lol damn”. AZ writes, “I was in rehab what u expect”. Six responds, “Damn how was that”. After a few more exchanges AZ asks Six “How long u been in Peterborough”. In my view the text messages clearly indicate that neither had been in contact with the other for some period of time.
ii. April 26/19: Following further pleasant exchanges Six asks “And wtf we doing with the car”. AZ responds, “Is the car drivable” and Six says “yeah”.
iii. April 27/19: Six texts AZ, “When you wanna link (meet up), wanna talk to u serious talk.” AZ says she will meet him later, probably after dinner and Six asks, “why u moving like u don’t wanna see me all a sudden – I was tryna cut bac Toronto”. AZ responds, “when” and Six replies, “I just wanna talk to u 5 minutes tbh to see what’s up with u then yeah”. After a further series of pleasant messages exchanged Six writes “Why u say yeah right your scared of me all of a sudden”. Six then asks if AZ can get him a room at Motel 6 and AZ says “for what and they won’t allow me anyways I did this for someone and they totally fucked it up”. After further pleasant exchanges Six writes, “why not your helping me make money” and AZ responds “Lol lol”. Six texts, “I wanna talk to you anyways babe but I’ll come in like hour 2 hours quick before I go”. AZ responds, “Don’t babe me” and Six replies, “your not my rider? Lmdao Why wtf don’t miss me now”. AZ responds, “Lol fuck off – I’ll talk to u later and no I’m not your rider”.
iv. April 27/19: Six texts, “but uhmm yeah I’m bout to leave the car on the road cause my dukes needs her driveway been a month”. AZ does not respond. Six further texts, “But yo what I do with car? Let me know cause my dukes just asked.” One hour later with no response Six texts, “Yoooo” and then “need you to go with shorty please she don’t know how to do nothing”. After receiving no response to these messages Six texts, “lol wtf why u tell me u wanna see me I don’t get it – u act weird when I say there’s a shorty working for me lol”. AZ responds approximately 2 hours later and says she fell asleep and “Imma get car can I go tomorrow or Monday”. After further exchanges AZ texts, “…how I this plus ur a rude ass [n word] who doesn’t know how to act”. Six texts, “lmfao I actually missed u don’t ring these talks”. After further pleasant text exchanges, AZ texts, “your ignorant six tbh Iunno how you and I could ever work”. Six responds, “lmfao when u were sober we were perfect actually”. Six texts that he will come see AZ for a day and AZ responds, “then I’ll grab my car”. Six replies, “Yeah u owe me 500$ for my tickets tho tbh I’m only paying for it if u forwarding bc with me – lol we’ll talk though cause iunno why u not holding me down like my right hand no cap”. AZ texts, “for your tickets? Why do I have to pay for your fucking ticket six”. Six responds, “cause your fucking car bro u told me just insurance everything was fucked even the sticker”. AZ asked “how did it get towed/almost” and “You really know how to piss me off”. Six responds, “cause it can’t be parked on the roads if the registration is done. My mom woke up in time they were towing it 3 am and she took her car out garage to put yours”.
iv. April 28/19: AZ and Six exchange further texts. AZ tells Six to “Shut up” and they discussed an escort named Sarah that was messaging them and then Six raises the issue of the car again and texts, “anyways let me know wah gwan” cause imma just put your car on roads tbh…matter fact since u wanna act a fool like u don’t see my messages go find your car I’m done”. AZ responds, “I’ll get it tomorrow if I have to”. Six texts, “R u dumb u think u can ignore me move funny tell me u check me then disappear think I’m a goof you’re a goof I’ll show u how much I don’t give a fuck. Holding down your shit for you to diss me yah right never”. AZ responds, “I’ll pay the ticket I’m good. Please calm down. Relax it’s not that bad of an issue. I’m not dissing I’ll get the car if you want tomorrow or Monday”. Six replies, “Bruh your ignoring my texts and shit can’t even see me when I held down your whip so naw fuck your car delete my number”. AZ texts, “no six come check me”… after a further exchanges Six texts, “say no more u wasted bare my time, bare my money, never gave me shit, bunch of broken promises, tell me u forwarding to bc you not like other girls u don’t switch up then. Just violate I still hold it down u get out tell me u gonna holla when u get to Peterborough then move on funny God I’ll never need u. it’s okay”. AZ texts, “No, it wasn’t like that”. After further exchanges Six writes “I don’t trust u” and AZ responds “Wtf did I do to lose your trust. I got out waited to hear from you and did but I slept through our meeting and I apologize”.
v. April 29/19: Six texts AZ about moving to BC and AZ texts if he pays she will go. AZ texts, “I want my car so I can sell it to a shop. I need paper before I leave”. Six asks “how u gonna sell it with no papers and forward here need u here it’s super lava at last anything happens u can hoop forward we’ll go get the car all that”. AZ texts, “ok in a bit. I can sell to a trick with a shop chop”.
vi. April 30/19: AZ texts “so when can we both forward to get car babes, tomorrow” Six texts, “I unno I’m busy and you have 5 bills for my ticket”. AZ changes the subject to wish Six a happy birthday and further messages, Six texts AZ and asks if she is “working for Brown”. Later that evening AZ texts, “come see me jerk”. Six texts, “u have 5 bills for me?” AZ says “I have cash. Yes. Can I get the car tonight.” Six responds “Yeah I’m just going to the Jane and coming back now”. AZ texts her room number 317. One hour later Six texts AZ that the “feds” were watching the motel, he can’t attend. AZ texts she isn’t at the motel but with Angi (a mutual friend, fellow escort/drug addict.
vii. May 1/19: AZ texts Six that she would be in Whitby and to call her. Six texts, “I keep calling for what man, holy”.
viii. May 2/19: AZ texts, she wants her car today or I’m sending them to your mom’s house. Six texts, “I’ll send your car to the impound who u talking to it could have been there. Lmfao sending who. I already moved my car from there”. AZ responds “lol bro”. Six says “talking about feds good now fuck u. big facts fucking weirdo.” AZ says “aight man”. Six responds “U think your car at my house goof”. AZ says “who said feds” and then she denies that she meant feds. Six writes “Bro, I saved your car and made sure u didn’t owe $10,000 you know how much the impound is for 30 days”. How long u left ur car r u dumb. Man saved your car r u fried.” AZ responds “na, call me please”. Six writes “bruh I have to be here for now I’ll holla at u when I can link”. AZ writes aight yo imma bounce outta here link me later today for my whip (car)". A further series of text messages are exchanged and then AZ texts, “I’m getting my whip today. Imma have car towed now send me location please. Im being very civil with u no games this easy right.” Six texts, “lmfao who you talking to, have respect bro”. AZ texts, “wtf do u mean I’m being very respectful”. Six texts, “first and for most u owe my mom change for the car and she couldn’t keep it in her drive way so I gotta ask her for the address”. AZ writes “ok send location within hour please”. Six responds “so soon as u have change for her let me know cause I didn’t have to keep your car it should be in the impound she saved it so when u have change for her let me know”. AZ texts, “I have let’s all meet”. Six texts, “I’m not sending shit send me change and you’ll get the location. Cool so I’m busy right now I’ll call u later”. AZ texts, “Na, doesn’t work this way. We exchange or I’ll get it now myself”.
ix. May 2/19: After further discussion Six texts, “Bruh who r u u took bare (all) of my money and left your car who’s problem that is they were gonna tow your car a month ago and I’m not even charging you like they would so chill. Bruh I did nothing to u your fightin angela not my problem. I had zero headaches all month I’m not entertaining u when I come relaxed simple. AZ responds “aight” (all right).
x. May 3/19: AZ texts Six that she was “jammed” and is now strapped, which she advised meant had protection. Six texts AZ if she has no money now and she says “none ya business what I do n don’t have”. Six texts, “it’s your car lmfao why I’m asking. The fuc. Like u were cool first day we talking now just the same before u went in to rehab lol I’m good”. AZ texts, “aight”, which she advised meant all right. Six texts, “like I said imma take it out the garage just no, no cap (truth)”. AZ says ok then imma forward when u doing this and can u send addy so I can get it please and thank you. Or if ur heading there we can forward”. Six writes “like I said just drop my dukes (mom) some change and we good.” AZ says she was jammed last night and it will take a few days.
xi. May 4/19: Six texts AZ and asks if she is good. AZ texts that she just posted and asks him to take her to Collingwood so she can make 1000 per day. AZ says please.
xii. May 5/19: AZ texts Six, “yo. Call me I have your cash”. Six texts, $1000 and AZ replies. “$500”. Six texts, “Bruh your crazy – 70 days in the impound is like 5 racks buddy with no papers. Your mad I said 1000 I said I’m not charging impound price. I’m charging u save your car funds.” AZ texts “I was jammed six. Give me break. U said 5. Ok.” AZ argues about the cost to return her vehicle. Six asks if AZ has $1000 and AZ texts the price is $500. Six texts, “I told u my dukes (mom) said how she gonna give me 500 when it would be 9000 for the tow truck r u dumb. U get my mom a ticket for parking on the road and leaving your car in the garage so she had to put your car in my friends garage. AZ texts, “you took my car wtf”. Six texts, “garage like r u dumb. 1000 fam simple and on top of that u never even game me all the change I made me. Spend on the car none of that u forget I spent $800 on brakes and stupid parts on your car don’t play with me. U left your car clown wtf and when I paid for to get paid u told me pay and u gonna get the money back.” AZ texts, “u took it I didn’t leave shit”. Six texts, “U never gave me a dollar don’t forget the garage man is my cousin’s mechanic I have Facts. Why would I take your car? Say what u want man that’s why u was in rehab high of cocaine confused.” AZ texts, “cause ur u. ok. Well I have 5”. Six texts, “so link me tonight when u have the next 5 that’s 2 calls. Hurry up 2…and I gotta go Toronto. U can come we go get it. “
[49] On May 5, 2019, during these text exchanges, AZ began texting a man named Flip who she arranged to stay at Motel 6 (May 6 and 7, 2019). Flip supplied AZ and her customers with drugs and otherwise “partied” with AZ. AZ attempted to use Flip to retrieve her car without paying Six the money he claimed to be owed, and/or to take Six’s cash. Flip declined and AZ resumed her text message exchanges with Six.
iv. May 5/19: AZ tells Six she will meet him later and pay $800. AZ pleads with Six to go with her to Collingwood to make “bands”. She tells him she will show him he can trust her. AZ asks if he can get her out of Peterborough “tonight or tomorrow”. AZ tells Six she needs a fresh start, new name, new number. Six texts, “100% but your car has no registration or nothing how we gonna do outcalls”.
[50] AZ and Six then entered into discussions about “frauding” her debit card. AZ provides Six with all requested information including her bank card number and password. AZ asks Six to come get her and he texts that he will but “he is coming for that 1000 right now or forget everything”. AZ provides Six with her room number (317).
[51] Shortly thereafter, and on May 6, 2019, AZ texts Flip (who is staying in room 315) and tells him that Six set her up and stole her bank card. AZ texts, “Iunno man I keep taking a loss cause these [n word] mad I ain’t working for them. I unno what to do man. .. Flip offers to provide protection for AZ who says “aight man. I’m down I need it”. AZ and Flip arrange to get alcohol and drugs and meet up. In the meantime, Six texts AZ if she was coming to meet him. Six says “we’re going get your car then going to Collingwood. Okay.” AZ texts “I didn’t deposit e transfer I have to see him for hour in Toronto”. AZ then begins to exchange further messages with Flip and tells him her vehicle got towed.
[52] On May 7, 2019, Six texts AZ, “Yo I need the car out of here today. 100%. Pissing me off. I gotta go OT. My dukes friend said he can’t risk her car for yours so iunno she putting it on road. I need you to call me ASAP.”
[53] AZ does not respond and texts Flip looking for cocaine.
[54] On May 8, 2019, AZ contacts Officer Brad Chapman and advises that she does not feel safe in Peterborough. Officer Chapman arranges AZ to be picked up and taken to the Comfort Inn in Oshawa.
[55] On May 8, 2019, Six texts AZ, “Yoo your gonna piss me off top left imma snake u. I left your car in Peterborough.” AZ testified at trial that this comment “terrified her” and that she was afraid for her life. AZ responds to Six, “where”. Six asks where AZ is and tells her he is bringing her car to the motel or if she doesn’t respond he’s taking it back home. AZ texts, “I’m not in Peterborough …Oshawa”. Six texts, “why did you post in Peterborough then has me bring the car all the way here holy where r u the comfort inn send the addy”. AZ sends the address. Six asks for the room number and texts, “okay bro this is your problem I tried to give you your car. Don’t blame me when u can’t get it back.” AZ texts, “Bring it I’ll meet you outside”. Six repeats his request for the room number and writes “y u move so weird. U working for a next [n word] or some? Like I need to talk to u about the card and shit u piss me off anyways fuck your car fucking weird bitch. Been looking for u you killed my 10gs I could have gave you 2 racks today weirdo.” AZ provides her room number at the Comfort Inn. Six texts, “anyways say no more I don’t even trust u I’m not coming the no more tryna line me goofy”. AZ texts, “I was in the lobby jerk. In room now. Come.”
[56] AZ then texts Officer Chapman to report that Six is coming to her room. Chapman says call 911 and don’t answer door. AZ then advises that Six is in her room. She tells Chapman to send the police. Chapman advises they “know who he is and car is at moms”.
[57] During her testimony, AZ said that on May 8, 2019, she called officer Chapman as she felt unsafe in Peterborough. AZ said she was robbed and beat up by a man named Brown who was a member of a gang in Peterborough and Brown told her to “get out of town”.
[58] AZ testified that on May 8, 2019, she told Six where she was because Six said he was bringing her car. AZ texts Chapman asking if they could pull Six over for driving with expired plates. Six arrived at the Comfort Inn without AZ’s car. AZ said it was at that point that she realized Six wasn’t giving her car back.
[59] Six entered AZ’s room and remained with her inside the room for about 20 minutes. Six and AZ then left the room and went to the front entrance where AZ says that Six told her to get in his car. AZ refused and called Chapman and asked him to send police officers. AZ expected that Six was going to be arrested for the theft of her vehicle.
[60] A copy of the video recording of the hallway and the front entrance was produced that confirms the timing of Six’s entry and exit into her room and AZ’s movements at this time. AZ claims that she was chased through the hallway and was afraid. My review of the video recording did not support AZ’s claims in this regard.
[61] On May 8, 2019, DRPS officers attended and spoke to Six but did not arrest him.
[62] With respect to the text messages introduced at trial between AZ and Six, Crown counsel directed AZ to several messages to provide an interpretation of certain slang terms and to seek her explanation regarding inconsistencies between her testimony and the text messages.
[63] AZ testified that the exchange between her and Six wherein she stated “I’m not your rider” meant that she did not willingly agree to work for him. AZ said rider means willingly work for as opposed to being “kidnapped”.
[64] AZ testified that when she said she was “strapped” she meant protected – she said she had a knife not a gun. AZ said that when Six said he needed to fraud her card to purchase a “strap” he meant “another gun”.
[65] With respect to inconsistencies generally, AZ stated that she did cocaine every day and was probably high during the text exchanges.
[66] AZ further testified that sometimes the messages she sent to Six were simply lies. AZ said she never intended to go to BC or Collingwood with Six, her intent was to get her vehicle and then leave him. AZ also stated that the bank card number and password provided to Six were incorrect and she intentionally lied to him. AZ also said that while she was both fearful and terrified of Six she gave him her room number in Oshawa as she was “under the influence” and not thinking properly.
[67] With respect to evidence provided on cross-examination, AZ testified as follows:
i. On May 8, 2019, AZ expected Six would be arrested and was “a little mad” the police let him go.
ii. AZ waited five days before providing her police statement as she was “high” and had been up for a few days. AZ said the police called her and she came in and made her statement when she wasn’t high and was coming off drugs.
iii. AZ agrees that there are no text messages that confirm that she paid Six any money but asserts that Six forced her to work in the spa and she gave him the money for that and following her release from rehab she says she gave him $1000 once and $500 on two occasions.
iv. AZ said that while her text messages may seem cocky and aggressive, she knows what happened and she was afraid of him.
v. When questioned how Six was her pimp when she had no contact with him from March to April 2019, AZ said “he stole my car and was forcing me to give money for that – this man has my vehicle and I will try to do anything without calling the police”. AZ then amended her evidence and said that following rehab Six was not her pimp – instead he was “just extorting me – he knew I had to work – he knew that – he was extorting me”. AZ said that Six was “forcing” her to work by demanding money for return of her car. AZ said I paid him to get the vehicle back numerous times – all I know is he stole my car – he made me work in a spa – he still had my car.
vi. AZ stated that following rehab she was “terrified” of Six and was doing everything to avoid police.
vii. AZ repeatedly stated that her memory is “kind of foggy” due to drug use and trauma.
viii. AZ agreed that when she met Six, she had been driving her car for 1 to 2 weeks without insurance or a valid registration sticker. When pressed that Six was holding her car for her because her insurance and registration had both lapsed and she had nowhere to store her car – she responded that Six “took” her car and didn’t want to give it back because she owed him for tickets and repairs. AZ said, “it was pure extortion”.
ix. AZ acknowledged her evidence about her car keys and the first assault – differed from that provided at the preliminary hearing – but she said she remembers the assault – she remembers him not giving her car back – and she remembers the spa. AZ said she doesn’t remember if they had an altercation about the car keys as she stated in her police statement.
x. AZ acknowledged that at the preliminary inquiry she said that when she met Six’s cousin the plan was to post her at an Airbnb but at trial, she said the spot was for Six. AZ said the plan changed after their altercation – originally the spot was for him and then it was for her.
xi. AZ agreed that her evidence that Six only posted her ads for the Spa differed from her police statement. AZ said that portion of her police statement was “just a mistake” not a lie.
xii. AZ acknowledge that her statement that Six “blindfolded” her and dragged her by her hair into his mother’s house as contained in her police statement “did not happen”.
xiii. AZ acknowledged that her description of the alleged assault in the Uber car as contained in her police statement did not occur as described. AZ said, “that is not what happened at all”. AZ said that she honestly doesn’t remember saying that and it is not what happened…the thing is that she “was high”.
xiv. AZ said she knows Six “took her vehicle, beat her up a little bit”, and made her “work in the spa”. AZ agreed that the drugs maybe could have affected her memory.
xv. AZ agreed that her statement (in the police statement) that Six “took” her debit card and “forced” her to call her bank and up her withdrawal limit were wrong. She thinks she gave Six her card on May 8, 2019 when he came to her motel.
xvi. AZ agreed that she provided three different descriptions of the alleged assault and gun firing incident that allegedly occurred in a parking lot. AZ testified, “I was so high I didn’t care about anything” and she is “not sure it happened”. AZ said she has a chipped tooth - so she is pretty sure that it happened – but she is “not sure”. “When you sober up your head starts to clear up and what was said as compared to now – my only explanation is that I was high”.
xvii. AZ testified that she “doesn’t know the law”, that she told her story, and they charged him”. AZ thought she would “get her car back” and didn’t assume anything else.
xviii. AZ testified during cross-examination that she doesn’t remember Six actually hitting her with the gun at the back of her head (as she testified during her exam in chief which was different than her police statement).
xix. AZ testified that the statement that the Spa took 60% of her earnings contained in her police statement “was mixed up – she doesn’t understand how it got mixed up”.
xx. AZ agreed that the evidence that she provided about being fired from the spa differed from the information contained in her police statement and that provided at the preliminary inquiry.
xxi. AZ stated that she was admitting where her evidence has been wrong. She said that she is now “sober minded and being 100% honest – I just wanted my vehicle back – my intention was not for him to sit in jail and miss his kid’s life”.
xxii. AZ testified that she could not confirm that she deleted the Flip text messages before providing her phone to the police as “I was extremely high”. AZ further testified “when I get high, I get paranoid, I don’t know, I was high and paranoid”.
xxiii. AZ testified that her police statement contains errors but that she didn’t point out the errors to the Crown or anyone else even though she reviewed the report prior to the preliminary inquiry.
xxiv. AZ repeatedly stated that her memory was “fuzzy” and that she “was extremely high” to explain many of the inconsistencies put to her.
ANALYSIS
Reasonable Doubt and Burden of Proof
[68] Shakeem Anderson-Henry is presumed innocent of all charges. He is not required to prove his innocence. It is the Crown that bears the burden of proving guilt beyond a reasonable doubt.
[69] A reasonable doubt is not a far-fetched or frivolous doubt. It is not a doubt based on sympathy or prejudice. It is a doubt based on reason and common sense. It is a doubt that logically arises from the evidence, or the lack of evidence.
[70] There was one witness who testified at the trial: the complainant AZ. Additionally, evidence was presented to the court in the form of: (i) an Agreed Statement of Facts re Cell Phone Data from Cell Phone of AZ; (ii) Extraction Report re instant messages between AZ and the accused; (iii) Extraction Report re SMS messages between AZ and the accused; (iv) Motel 6 Peterborough Guest Folio re AZ (and others) for the period January 4, 2019 to August 1, 2021; (v) MTO plate and VIN search re AZ generated May 15, 2019; (vi) video footage of the Comfort Inn taken May 8, 2019; (vii) Text Now messages dated April 13, 2019 to May 3, 2019 between the complainant AZ and an anonymous client; (viii) signed oath for witness statement given under oath re AZ dated May 13, 2019; (ix) text messages from AZ’s cellphone from May 5 to May 7, 2019 and May 7 to May 8, 2019, between the complainant AZ and “Flip”; (x) text messages between AZ and DRPS Officer Brad Chapman dated May 8, 2019; (xi) Text Now messages dated April 29 to April 30, 2019 between AZ and an anonymous client; (xii) text messages from AZ’s cellphone dated May 1, 2019 between the complainant and an anonymous client; (xiii) General Occurrence Report of Detective David Davies re AZ dated May 13, 2019; and (xiv) General Occurrence Report of Detective Constable John Tanner re AZ’s recovered vehicle dated August 26, 2019.
[71] With respect to reviewing and assessing the evidence of the witness and the various exhibits, all evidence should be considered together, rather than assessing individual items of evidence in isolation.
[72] In reviewing the evidence of the complainant AZ, I must be satisfied of two things beyond a reasonable doubt: (1) that the complainant is a credible witness; and (2) that her account is reliable. (See R. v. G.F., 2021 SCC 20 and R. v. J.W., 2014 ONCA 322, 316 O.A.C. 395 at para 26).
Credibility and Reliability
[73] Credibility is the witness’ willingness to tell the truth. Reliability is the accuracy of the witness’s testimony. Accuracy is affected by the witness’s ability to accurately observe, recall, and recount events.
[74] A witness whose evidence is not credible cannot give reliable evidence. However, a credible and honest witness may still be unreliable. (See R. v. G.F. 2021 SCC 20, R. v. Gostick, (1999) 1999 CanLII 3125 (ON CA), 121 O.A.C. 355 (C.A.), 137 C.C.C. (3d) 53 at paras 14-18 and R. v. B. (R.W.), (1993) 40 W.A.C. 1, [1993] B.C.J. No. 758 (C.A.) at para 28).
[75] Part of a witness’ evidence may be accepted and other parts of a witness’ evidence may be rejected. Some parts may be more important than others.
[76] As noted, AZ was the only witness who testified at the trial and is the only witness who testified with direct knowledge of the offences which she alleges were committed and for which the accused stands charged.
Determination of Guilt
[77] The issue to be determined is whether the Crown has proven beyond a reasonable doubt that the defendant Shakeem Anderson-Henry committed any or all of the offences for which he stands charged.
[78] To determine guilt, it is necessary to review and consider the credibility and reliability of the witness who made or reported the allegations. It is also necessary to review the evidence as a whole - including any documentary evidence which may corroborate or lend inferences to the determination.
[79] AZ’s evidence does not require any corroboration to enable me to rely upon her evidence. However, AZ’s evidence must be considered with the totality of the evidence provided at trial.
[80] There is no issue in this case that AZ’s evidence, if accepted beyond a reasonable doubt, would make out the offences charged.
[81] While I am entitled to make general credibility and reliability findings, I must bear in mind two principles: a. I must consider each count in the indictment independently; and b. I can believe some all or none of a witness’ evidence.
Credibility and Reliability of AZ’s Evidence
[82] As noted, AZ is the only witness who testified at the trial.
[83] In addition to AZ’s evidence before me, AZ testified at the preliminary inquiry on September 24 and 25, 2019, and gave a sworn police statement. AZ was cross-examined on her preliminary inquiry testimony and her police statement.
[84] The credibility and the reliability of AZ’s evidence is vital to the determination of the accused’s guilt.
[85] As for AZ’s credibility generally, AZ was a likeable witness who spoke plainly. AZ did not minimize her involvement in the sex trade or drug industry and candidly admitted that she regularly lied in conversations and by text messages to protect herself and/or to earn greater sums of money.
[86] As for the reliability of AZ’s evidence generally, AZ freely admitted that she was a cocaine addict, did cocaine every day, and was generally “really high” throughout the entire period that the offences occurred (excepting when she was in rehab). AZ testified that her memory was “fuzzy”, that she may have been paranoid, and that she is “not sure” if some of the incidents in fact occurred. All of these factors raise concerns about the reliability of her evidence.
[87] Despite the obvious issues and frailties connected to her recollection, AZ expressed certainty about much of her testimony, even when such testimony was inconsistent with her previous statements, or between the evidence provided in chief and during cross-examination.
[88] Although I admire AZ’s personal resilience, having carefully considered AZ’s testimony and having noted the internal inconsistencies in her evidence and the external inconsistencies in her evidence when compared to the whole of the evidence filed, I do not find AZ to be a credible witness nor do I find her evidence to be reliable, as it relates to all counts that the accused stands charged.
[89] My reasons for so finding are as follows.
[90] As was demonstrated by Defence counsel during cross-examination, AZ appeared to provide significantly different details during her testimony at trial regarding the alleged offences compared to previous sworn statements, resulting in significant discrepancies and inconsistencies.
[91] AZ explained that the numerous inconsistencies were likely caused by her drug use and suffered trauma. She advised that she was “really high” throughout the period of the alleged offences and had also suffered trauma.
[92] Examples of the differing versions and inconsistencies regarding significant events can be found in AZ’s re-telling of:
i. When, where and how she was assaulted by Six;
ii. When, where and how Six came into control of her car, her purse and/or her identity documents;
iii. When, where and how she viewed the gun in her vehicle;
iv. When, where and how Six discharged the handgun;
v. When, where and how Six assaulted her with the handgun;
vi. When, where and how she was trafficked by Six; and
vii. When, where and how she paid money to Six;
viii. When, where and how her movements were controlled by Six.
[93] Having considered the internal and external inconsistencies in AZ’s testimony, I find that AZ’s testimony as it relates to Six obtaining possession of her vehicle, the alleged assaults upon her by Six, the withholding of travel documents, the human trafficking offences involving Six, and the handgun offences are inconsistent and completely unreliable due to AZ’s admitted drug intoxication.
[94] More specifically I find the following evidence to be instructive regarding the credibility and reliability of AZ’s evidence:
i. AZ’s version of facts relating to each of the above noted offences varies significantly with each re-telling between her police statement, testimony at the preliminary inquiry, and trial. The inconsistencies were significant and did not involve minor or irrelevant details. For example, AZ admitted during cross-examination that Six did not blindfold her or drag her by her hair as deposed in her police statement. AZ also admitted during cross-examination that she wasn’t sure that Six assaulted her with the gun. AZ said drugs make her paranoid and she can’t remember. AZ’s description of Six discharging the handgun in her presence was significantly different with each telling as was her testimony concerning the alleged initial assault, the alleged theft of her identity documents, key, and money. AZ’s evidence was filled internal inconsistencies and proved impossible to reconcile. AZ sought to explain the inconsistencies by referencing a fuzzy memory and/or intoxication and/or paranoia caused by drug abuse, intoxication and trauma. All of these admitted factors affect the reliability of her evidence. AZ’s evidence regarding key aspects of the offences cannot be relied upon to support a conviction as the evidence is tainted due to credibility and reliability issues. Simply stated, I am not able to accept AZ’s evidence to support a conviction on any of the counts as her evidence was full of inconsistencies and completely unreliable due to her admitted drug addiction and intoxication.
ii. While I note that AZ’s evidence does not require corroboration, the text messages filed between AZ and Six contradict and diminish AZ’s testimony that Six took her vehicle without her permission or consent, that she was afraid of Six, that Six assaulted her, that she paid Six any money, that she worked for Six, that Six controlled her, that Six had her identity documents, or that he possessed a handgun. For example, much of the text messages exchanged were flirty and friendly. AZ is almost always assertive and demanding and shows no fear of reprimand. On occasion, the text exchanges are terse, such as when Six repeatedly requested AZ to pick up her car from his mother’s or to repay him for repairs and his mother for storage. There were also periods where AZ completely ignores Six’s texts, again with no apparent fear of reprimand. AZ tells Six to “shut up”, and texts, “you really know how to piss me off”. AZ berates Six and texts he is “a rude ass n… who doesn’t know how to act”. Again, there is no indication of fear of reprimand. No where in the text messages does AZ ever note that she has worked for Six, instead she asserts the contrary view – “I am not your rider” and “I unno how you and I could ever work”. No where does AZ ever assert that she has paid money to Six or given her earnings to Six. Instead AZ tells Six that her money is “none of his business”. Six is the one who claims to have given AZ - all of his money and all of his time to AZ. AZ does not dispute this claim. Six also claims that he paid for garage repairs for AZ’s vehicle and she promised to pay him back but never did. Again, AZ does not refute these statements. As for the alleged handgun offences, the text messages support a finding that Six did not possess a handgun prior to May 5, 2019 and there is no evidence that he obtained one following. On May 5, 2019, Six sent a text to AZ, “I need a strap before we go”. Six sought AZ’s help to fraud her debit card to purchase the gun. AZ did not suggest that Six already had a gun. At trial, AZ testified that Six’s message meant he was looking for “another” gun. I completely reject this aspect of her testimony. If I accept on a plain reading of the text that Six did not possess a “strap” on May 5, 2019, then AZ’s testimony regarding Six possessing a gun in January and February of 2019, to commit the varying offences, cannot be accurate. To the extent there is a conflict in the evidence in this regard I prefer and accept the evidence contained in the text messages, interpreted plainly, as written.
iii. Contrary to the evidence provided by AZ, as it relates to the alleged theft of AZ’s vehicle, I prefer and adopt the version of events that is detailed by Six in the exchange of text messages. In other words, I reject AZ’s evidence that Six obtained the vehicle without her consent and I accept that Six took care and control of the vehicle at AZ’s request and with her consent. As for Six’s refusal to return the vehicle without receiving payment for money claimed due for repairs and storage, I find that Six had a colour of right to retain the vehicle, and did not seek to convert the property for his own use.
iv. AZ also exchanged text messages with a man named Flip. Although these messages were deleted from AZ’s phone prior to delivering her phone to the police, the deleted messages were recovered and provided informative context to the matter. No where in the text messages exchanged with Flip does AZ indicate that she is fearful of Six, that Six was her pimp, that she worked for Six or that Six assaulted her. Instead, in the text messages AZ asserts that she has no pimp, agreed to have Flip act as her pimp, and sought Flip’s help to retrieve her car from Six without repaying any debt she may owe Six and to take Six’s cash.
v. The Motel 6 records (and AZ’s testimony) evidence that AZ rented rooms for Flip and others but refused to rent a room for Six, when requested. The Motel 6 records combined with the text messages evidence that AZ was neither controlled by Six nor under his influence or direction.
vi. The text messages exchanged between AZ and Chapman also provide instructive context and detract from AZ’s claim that she was fearful of Six. On May 8, 2019, Chapman instructs AZ to call 911 and not to answer the door if Six arrives. Instead of following this advice, AZ asks Chapman if Six can be pulled over for expired sticker and lets Six into her room. Six stays in the room for 20 minutes and AZ texts Chapman that Six is in the room – but does not ask the police to be sent until they are at the front lobby.
vii. The May 8, 2019, video tape evidence of the Comfort Inn hallway and entrance contradicts AZ’s testimony that she was being chased in the hallway by Six.
viii. As for AZ’s May 8, 2019, text to Chapman that he put her in danger, this text was sent after Six was questioned and released by the police. While AZ may have become fearful after Six learned that AZ tried to have him arrested for the theft of her vehicle, I do not accept that AZ was fearful of Six any time prior.
[95] In addition to the foregoing, I great concerns about the overall reliability of AZ’s evidence based on the totality of the evidence presented, including:
i. AZ was “completely addicted” to cocaine and “really high” throughout the period of the alleged offences;
ii. AZ’s memory was “fuzzy” due to the influence of drugs and due to the trauma that she suffered throughout the period and following; and
iii. AZ admittedly become paranoid when she does drugs and some of the events may not have occurred as she remembered them.
[96] In all the circumstances of this case, based on all the evidence presented at trial, I find that the Crown has not proven beyond a reasonable doubt, the guilt of the accused Shakeem Anderson-Henry on any of the counts to which he stands charged.
CONCLUSION
[97] It is my view that the bulk of the evidence provided by the complainant AZ lacks sufficient credibility and/or reliability. Simply stated, I am not sure that her allegations are believable.
[98] The complainant AZ lived a dangerous life, fraught with violence and drug abuse and for that she has my empathy. However, I cannot make any decisions based on empathy or sympathy for either the complainant or the accused.
[99] The Crown bears the burden of proving each offence beyond a reasonable doubt. When I consider the evidence in totality on each count, I am not satisfied that the Crown has met its’ burden.
DISPOSITION
[100] Based on the totality of the evidence presented, I find in the particular circumstances of this case that the Crown has not proven beyond a reasonable doubt that the defendant Shakeem Anderson-Henry is guilty of any of the offences that he stands charged. Accordingly, there is an acquittal on all counts.
Madam Justice S.J. Woodley
Released: September 10, 2021
COURT FILE NO.: 15450/20
DATE: 20210910
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
SHAKEEM ANDERSON-HENRY
REASONS FOR JUDGMENT
Madam Justice S. J. Woodley
Released: September 10, 2021