Court File and Parties

Court File No.: CR-24-30000622-0000
Date of Judgment: April 7, 2025
Court: Ontario Superior Court of Justice
Between:
His Majesty the King
and
Idriss Buni

Appearances:
B. Ververs, for the Crown
A. Wine, for the defendant, Mr. Buni

Heard: April 2, 3, 2025

Judge: J.M. Barrett

Reasons for Judgment

Overview

[1] Mr. Idriss Buni is charged that on December 11, 2023, he committed an aggravated assault and an assault with a weapon – to wit, a knife – on Muna Riyaleh, contrary to ss. 268(2) and 267(a) of the Criminal Code, RSC 1985, c C-46. The parties agree that if Mr. Buni is found guilty, the charge of assault with a weapon should be stayed pursuant to the Kienapple principle: Kienapple v. The Queen, [1975] 1 S.C.R. 729.

[2] Several facts were the subject of formal admissions. The parties agree that on Monday, December 11, 2023, at approximately 5:25 a.m., the police arrived at 1021 Birchmount Road, in the City of Toronto, in response to a 911 call. Ms. Riyaleh was found covered in blood with multiple stab wounds. Mr. Buni was arrested in the hallway outside unit 1012.

[3] Ms. Riyaleh was taken by ambulance to Sunnybrook Hospital where she was intubated and treated for numerous penetrating wounds. There is no dispute that her injuries meet the definition of “wound” for purposes of s. 268 of the Criminal Code.

[4] A search warrant was obtained for Ms. Riyaleh’s apartment. A steak knife covered in blood was found on the floor of the living room. DNA analysis concluded that Ms. Riyaleh could not be excluded as the source of the female DNA profile generated from the blood on the knife. It is one trillion times more likely that the DNA profile is that of Ms. Riyaleh than another unknown person unrelated to her.

[5] The key issue in this case is whether Ms. Riyaleh was the victim of an unprovoked knife attack by Mr. Buni or whether Ms. Riyaleh attacked Mr. Buni with the knife and was injured unintentionally during the ensuing struggle as Mr. Buni tried to disarm her.

[6] For the reasons that follow, I am satisfied beyond a reasonable doubt that Mr. Buni is guilty as charged. I reject Mr. Buni’s evidence. Nor does the defence evidence leave me in a state of reasonable doubt. I believe the complainant’s evidence as it relates to how her injuries occurred. Her account is supported by her injuries which leave me without any doubt as to Mr. Buni’s guilt.

Legal Principles

[7] Mr. Buni is presumed innocent. That presumption remains with him unless and until the Crown establishes his guilt beyond a reasonable doubt. That heavy burden of proof never shifts. Mr. Buni did not have to testify, or call evidence. There is no onus on Mr. Buni to prove anything: R. v. Kruk, 2024 SCC 7, paras. 60-61.

[8] The standard of proof beyond a reasonable doubt is an exacting one. While the Crown is not obliged to establish guilt to an absolute certainty, proof beyond a reasonable doubt is much closer to proof of absolute certainty than it is to proof of probable or likely guilt: R. v. Starr, 2000 SCC 40, para. 242; R. v. Lifchus, 1997 SCC 319, paras. 13-14. Mr. Buni can only be found guilty if I am sure that he committed the offences as alleged.

[9] As Mr. Buni testified, in assessing whether the Crown has proven his guilt beyond a reasonable doubt, I must apply the principles set out by the Supreme Court of Canada in R. v. W.(D.), 1991 SCC 93, p. 758.

[10] An application of W.(D.) ensures that my analysis of the evidence does not devolve into a credibility contest between the two main witnesses – the complainant and the accused – and ensures that the presumption of innocence and the Crown’s burden of establishing guilt beyond a reasonable doubt operate properly. In other words, I am not simply to choose the version of events I prefer. To do so, would reverse the burden of proof: R. v. Kruk, 2024 SCC 7, paras. 61-62.

[11] Ultimately, I may find Mr. Buni guilty only if, based on the evidence that I do accept, I am satisfied beyond a reasonable doubt of his guilt.

[12] According to W.(D.), I must approach the evidence as follows:

1. If I believe Mr. Buni’s evidence, I must acquit.
2. If I do not believe Mr. Buni’s evidence but I am left in reasonable doubt by it, I must acquit.
3. Even if I am not left in reasonable doubt by Mr. Buni’s evidence, I must ask myself whether, on the basis of the evidence which I do accept, I am convinced beyond a reasonable doubt by that evidence of the guilt of the accused.

[13] The two alleged offences have three common essential elements, each of which must be proven by the Crown beyond a reasonable doubt:

• that Mr. Buni intentionally applied force to Ms. Riyaleh;
• that Ms. Riyaleh did not consent to the force intentionally applied; and,
• that Mr. Buni knew that Ms. Riyaleh did not consent to the force he intentionally applied.

[14] Where the offences differ is with regard to the fourth essential element. The offence of aggravated assault requires proof beyond a reasonable doubt that Ms. Riyaleh was wounded, maimed, disfigured, or that her life was endangered by Mr. Buni’s intentional force. The offence of assault with a weapon requires proof beyond a reasonable doubt that a weapon was used. In this case, the weapon alleged is a knife.

[15] This fourth essential element is not in dispute as it relates to either offence. The parties agree that Ms. Riyaleh was “wounded”. There is no dispute that her “wounds” were from a knife.

[16] The sole issue in this case is whether Mr. Buni intentionally applied force to Ms. Riyaleh. On this key issue, the evidence before me presents two diametrically opposed accounts.

[17] Ms. Riyaleh testified that Mr. Buni knifed her in the back of her neck without warning as she sat in the living room chair smoking a cigarette. Mr. Buni testified that it was Ms. Riyaleh who attacked him with the knife and that Ms. Riyaleh was injured unintentionally during the struggle to disarm Ms. Riyaleh.

[18] If Ms. Riyaleh’s account is accepted, there is no issue concerning the element of consent.

The Evidence

The Complainant’s Testimony

[19] Ms. Riyaleh testified that she and Mr. Buni had been dating for about four years. They met in 2019, before the COVID pandemic. Although Mr. Buni frequently stayed at her home, she denied that they lived together. She testified that she lived alone in unit 1012.

[20] Ms. Riyaleh testified that on December 10, 2023, she was “hanging out” in her apartment with Mr. Buni. Her friend Kiesha from the ninth floor visited but did not stay long. Ms. Riyaleh did not recall when she went to bed, but testified that before doing so she had two or three shots of Crown Royal. When she went to bed, she was sober. Mr. Buni remained in the living room. No one else was in the apartment.

[21] Ms. Riyaleh awoke at around 5:00 a.m. She needed the bathroom. After using the bathroom, Ms. Riyaleh went into the living room to have a cigarette. Mr. Buni was on the couch drinking. Ms. Riyaleh believed he was drunk because he was mumbling to himself. She did not understand what he was saying.

[22] Ms. Riyaleh sat down to have a cigarette. She saw Mr. Buni get up and go into the kitchen. As she sat in the chair, she felt a pain in the back of her neck. When she turned, Mr. Buni was holding the knife, stabbing her. Mr. Buni did not say anything as he stabbed her. Ms. Riyaleh asked him to stop. She got up from the chair and tried to grab the knife. She put her left hand up to block his blows. The attack stopped only after her jugular vein was struck causing blood to “squirt” out. Ms. Riyaleh fell to the ground. Ms. Riyaleh heard Mr. Buni open the door and leave.

[23] As she laid on the floor bleeding, Ms. Riyaleh went “in and out of consciousness”. She recalled her dog “Shadow” licking her. She grabbed a pillow and applied it to stop the bleeding as she looked for her cell phone to call 911. She explained that when the attack started, she tried to call 911, but Mr. Buni grabbed her phone and hid it.

[24] Not finding her cell phone, Ms. Riyaleh crawled across the hallway to her neighbour, Marcy. Marcy opened her door. Ms. Riyaleh recalled hearing Marcy yelling “stay away from her”. That was her last memory of what happened. Her next memory was waking up in the hospital two days later.

[25] Ms. Riyaleh was in the hospital for one week. She had surgery on the artery near her left ear. To this day, Ms. Riyaleh can no longer sleep on her left side because of the pain and the continued ringing in her ears. This injury has not fully healed. When she returned home from the hospital, she found her cell phone behind the couch in the living room.

[26] Ms. Riyaleh did not know why Mr. Buni attacked her. She did not do or say anything to annoy or provoke him. She testified that Mr. Buni said nothing throughout the attack. She testified that although she tried to grab the knife, at no point did she have the knife in her hand that morning.

[27] During cross-examination, Ms. Riyaleh denied that Mr. Buni was an alcoholic. She was unsure if he had an “unhealthy” relationship with alcohol. Normally, she was a beer drinker. That day she had no more than two or three shots of Crown Royal. She went to bed because she was tired, not because she was intoxicated. She testified that she was “sober” when she awoke at 5:00 a.m. She awoke to use the bathroom. She denied Mr. Buni was in the bathroom vomiting. She denied smoking marijuana when she got up at around 5:00 a.m. She denied having any visitors the night before other than Kiesha. She denied that she and Mr. Buni argued the night before or prior to the attack. She explained that the slashes on her left hand were from her defending herself. Ms. Riyaleh testified that during the attack, her dog was quiet as he’s an “old dog” and did not know what was going on.

[28] During cross-examination, Ms. Riyaleh was shown the body worn camera of PC Partland who accompanied her in the ambulance enroute to Sunnybrook Hospital. Ms. Riyaleh told the paramedic that she had been drinking liquor. Ms. Riyaleh agreed that her manner of speech might sound like someone who was drunk but explained that she was also in pain. When asked by the paramedic “who did this to you”, Ms. Riyaleh’s reply is inaudible, but she agreed that she did not say “Idriss”. Ms. Riyaleh had no recollection of this interaction. Her last memory was when she was with her neighbour, Marcy, and heard Marcy yelling, “stay away from her”.

Admissions re: Injuries to Ms. Riyaleh

[29] Ms. Riyaleh’s injuries were detailed in an Agreed Statement of Facts (Exhibit 1) with accompanying photographs. Ms. Riyaleh had “penetrating wounds” requiring stitches to her:

• outer left eyebrow;
• outer left cheek;
• front left shoulder (treated with staples, not stitches);
• rear left side of neck;
• two to the upper back area;
• right rear trapezius (stitches and staples required);
• rear of left elbow;
• the base of her left index finger; and
• the back of her left hand at the base of her fourth and fifth fingers.

[30] Ms. Riyaleh also received stitches for several “slashing injuries” to her lower left cheek. She had numerous slashing injuries to the rear of her neck and superficial scratches and bruising to her upper left arm.

[31] As a result of the trauma caused by the stab wounds, Ms. Riyaleh was diagnosed with:

• possible injury to the parotid gland;
• injury to the left external jugular vein;
• bruising to the left carotid sheath between the left common carotid artery and internal jugular vein from the level of the sternoclavicular joint to the level of C2.

The Testimony of the Complainant’s Neighbour – Marcella Chabot

[32] On December 11, 2023, Ms. Chabot lived in the unit directly across from Ms. Riyaleh. Ms. Chabot testified that sometime between 5:00 and 6:00 a.m. that morning, she was awakened by very loud pounding on her door. The “pounding” was so hard that Ms. Chabot worried her door would be knocked down.

[33] Ms. Chabot looked through her peep hole and saw Mr. Buni. Mr. Buni was yelling “Muna’s dying” or “Muna’s dead” “Call 911”. He spoke with a “very angry” voice. Ms. Chabot did not open her door, but called 911.

[34] Ms. Chabot believed Mr. Buni to be Ms. Riyaleh’s live-in boyfriend. Ms. Chabot had spoken to Mr. Buni five to six times before and knew him to be a quiet person. Ms. Chabot testified that Ms. Riyaleh had two roommates – each of whom had a bedroom. One was named “Abdi” and he drove a taxi. The other was a relative.

[35] When Mr. Buni stopped pounding on Ms. Chabot’s door, he went down the hallway banging on other doors and yelling, “Muna’s dying” or “Muna’s dead”. Ms. Chabot heard a “click click” sound and knew this was Mr. Buni exiting through the fire door at the end of the hallway.

[36] Shortly afterwards, Ms. Riyaleh crawled to Ms. Chabot’s door and called out Ms. Chabot’s name. When Ms. Chabot opened her door, she saw Ms. Riyaleh on her hands and knees with cuts to the left side of her face and back. Ms. Chabot grabbed a towel because of all of the blood.

[37] Mr. Buni returned to the hallway. Ms. Chabot yelled at him to “get away from her”. The police arrived and arrested Mr. Buni. Ms. Chabot testified that Mr. Buni did not appear to be bleeding or injured.

[38] Ms. Chabot believed Ms. Riyaleh had been drinking. She smelled alcohol on Ms. Riyaleh and knew Ms. Riyaleh to drink “all the time” and every day.

[39] Ms. Riyaleh resisted going with the paramedics as she was concerned for her dog “Shadow”. Ms. Chabot agreed to take Shadow – the “dog from hell” – who barked constantly. Ms. Chabot believed that Ms. Riyaleh was confused from the blood loss.

[40] During cross-examination, Ms. Chabot testified Mr. Buni left through the fire door twice. After the first time, Mr. Buni returned to the tenth floor and tried to enter Ms. Riyaleh’s unit but the door was locked. Mr. Buni left the hallway, exiting through the fire doors. It was a few minutes later that Ms. Riyaleh crawled to Ms. Chabot’s door on her hands and knees, leaving a trail of blood. Ms. Riyaleh’s nightgown was “super soaked” in blood. Ms. Chabot grabbed a towel to apply pressure to Ms. Riyaleh’s wounds but there were so many cuts that she did not know where to apply the towel. It was then that Ms. Chabot saw Mr. Buni return to the hallway. Ms. Chabot screamed “get away from her”. As she screamed, the police arrived.

Testimony of Police Constable Astapov

[41] At approximately 5:30 a.m., Police Constable (“PC”) Astapov attended at 1021 Birchmount in response to a 911 call from a female caller who reported a male neighbour knocking on her door.

[42] A three-minute segment of PC Astapov’s body worn camera was filed as Exhibit 3. The video clip starts as PC Astapov arrives on the tenth floor. As PC Astapov walks along the hallway, a female voice screams “get away from her”. As PC Astapov goes through the fire door, Mr. Buni is visible in the hallway. Mr. Buni walks towards PC Astapov with his right hand raised near his neckline showing the back of his bloodied hand.

[43] As PC Astapov talks to Ms. Chabot in the hallway between the two units, Ms. Riyaleh appears from inside her apartment. Her face, neck, arms and upper shoulder area – front and back – are covered in bright red blood.

[44] PC Astapov entered Ms. Riyaleh’s unit and cleared each room. Other than Ms. Riyaleh, the apartment was empty. PC Astapov spotted a knife on the floor of the living room. The living room was dark.

[45] At 7:25 a.m., PC Astapov transported Mr. Buni to 41 Division. Before departing the scene, Mr. Buni declined medical assistance from Emergency Medical Services who were on scene.

[46] PC Astapov observed that Mr. Buni had slurred speech and believed he was possibly intoxicated. This belief was confirmed during the booking process as Mr. Buni was “very unsteady on his feet” and had slurred speech.

[47] PC Astapov did not notice any injuries to Mr. Buni. However, during the booking process, he observed that Mr. Buni had some cuts and scrapes to his hands and feet. Mr. Buni declined medical attention.

[48] During cross-examination, PC Astapov agreed that prior to Mr. Buni’s arrest, Mr. Buni was walking towards him with his right hand raised and that there was blood on Mr. Buni’s hand. PC Astapov did not recall an injury to Mr. Buni’s flank area but recalled that after the booking process, Mr. Buni had difficulty walking to the cell and was assisted.

The Defence Evidence

[49] Mr. Buni testified. He was born in Somali and came to Canada in 2005. He is currently a permanent resident.

[50] Mr. Buni testified that on December 11, 2023, he was living with Ms. Riyaleh at unit 1012 of 1021 Birchmount Road. They had lived together since March 2023. When Mr. Buni first moved in, two other persons were living there – a taxi driver named Abdi Mohamed, and a distant cousin of Ms. Riyaleh’s, named Sam. Sam moved out in June 2023.

[51] Mr. Buni testified that both he and Ms. Riyaleh had an unhealthy relationship with alcohol. They drank every day and regularly smoked weed. Since his incarceration, Mr. Buni has completed the 12-step program and is now a recovering alcoholic.

[52] Mr. Buni testified that on December 11, 2023, Ms. Riyaleh made dinner at around 5:00 p.m. After dinner, at around 7:00 p.m., he left to purchase a bottle of Crown Royal – not from the liquor store, but from “under the table”. When he returned, Ms. Riyaleh told him that a friend would be arriving in 20 minutes. Ms. Riyaleh was annoyed when her friend did not arrive for about two hours. When the woman arrived, Mr. Buni went down to the lobby to open the door for her. He recognized the Somalian woman as someone he had met twice before but could not recall her name.

[53] When the friend arrived, Mr. Buni went to the bedroom to give the two women privacy to talk. After about 40 minutes, Ms. Riyaleh started shouting, accusing him of smoking cigarettes in the bedroom. When Mr. Buni came out of the bedroom, the friend invited him to join them. He did, and drank some Crown Royal. The bottle of Crown Royal was running low so Mr. Buni left to get more. He took his time returning. When he returned about an hour later, at around 11:00 p.m., Ms. Riyaleh berated him for taking too long. She called him an “asshole” and said he was “useless”. Mr. Buni sat with the two women in the living room drinking. At some point, he put headphones on. This upset Ms. Riyaleh who accused him of being rude. Mr. Buni threw the headphones at Ms. Riyaleh as they argued. The friend told them both to calm down, worried that a neighbour would call the police.

[54] Ms. Riyaleh’s friend left at about 1:00 a.m. Once alone, Mr. Buni and Ms. Riyaleh argued again. Ms. Riyaleh was upset that Mr. Buni made her look bad in front of her friend. The argument ended with Ms. Riyaleh telling Mr. Buni that he could stay the night, but to “get the fuck out of my house” in the morning.

[55] Ms. Riyaleh went to bed. Mr. Buni stayed in the living room where he continued drinking and smoking weed until he passed out. After two or three hours, Mr. Buni awoke feeling nauseous. Mr. Buni went to the bathroom to vomit. Ms. Riyaleh awoke and resumed berating Mr. Buni accusing him of being rude, not being able to impregnate her, and telling him he was “useless” as well as several other names.

[56] Mr. Buni went into the living room, sat on the chair, and lit a marijuana roach. They continued to argue. In Somalian, Mr. Buni called Ms. Riyaleh a “horrible witch”. Ms. Riyaleh wanted Mr. Buni to apologize for being rude to her friend. Mr. Buni refused. She spat on him. Ms. Riyaleh got the knife she had eaten with earlier that night and cut the back of Mr. Buni’s left hand in the knuckle area as he sat in the chair. Mr. Buni believed the cut hit a nerve as he felt an electric shock go up his arm. His arm went numb and was “useless”. Mr. Buni tried to kick Ms. Riyaleh away. Ms. Riyaleh then stabbed the bottom of his feet. Mr. Buni clarified that he was stabbed in the bottom of his right foot. Mr. Buni threw his phone and cigarette lighter at Ms. Riyaleh to get her away.

[57] Mr. Buni went to stand up. Ms. Riyaleh then stabbed him in his hip area. Once standing, Mr. Buni was leaning against the wall. Ms. Riyaleh stabbed him twice in the shoulder. As he tried to disarm Ms. Riyaleh, Mr. Buni grabbed her hand and twisted her arm so that the knife was now facing Ms. Riyaleh. Because he is much taller than her (i.e., 6’ compared to her 5’2”), as Mr. Buni pushed Ms. Riyaleh’s arm away, the knife went to the area behind Ms. Riyaleh’s neck. Ms. Riyaleh fell to the floor on her back. Mr. Buni fell on top of her – they were belly to belly.

[58] Mr. Buni yelled at her, “are you trying to fucking kill me?” Ms. Riyaleh said, “No, I was only trying to scare you, you piece of shit.” Mr. Buni then saw the blood and left to get help. The woman across the hallway did not answer so Mr. Buni knocked on other doors, eventually going to the ninth floor to get Kiesha. Mr. Buni did not get Kiesha so he returned to the tenth floor and saw Ms. Chabot. The police arrived very quickly. Mr. Buni said he had difficulty walking because of the injuries to his foot. Mr. Buni testified that the police did not offer medical assistance.

[59] Photographs of Mr. Buni were taken at 41 Division between 9:34 a.m. and 10:15 a.m. These photographs were the subject of a formal admission, pursuant to s. 655 of the Criminal Code.

[60] During cross-examination, Mr. Buni testified that in December, 2023, he was 6’ tall and weighed about 160lbs. Ms. Riyaleh was 5’2” and about 125lbs. They are both right handed.

[61] Mr. Buni said that both he and Ms. Riyaleh were drunk that evening and they had shared three joints of marijuana. Despite this consumption, Mr. Buni testified that he was not very drunk. He explained that he drank regularly and that alcohol did not impact his memory.

[62] Mr. Buni denied that he attacked Ms. Riyaleh. He explained that Ms. Riyaleh came at him with the kitchen knife as he was sitting in the living room chair. He put his left hand up to block her, resulting in a cut to the back of his left hand. The cut caused his arm to become “immobilized” so he then tried to kick Ms. Riyaleh away, resulting in Ms. Riyaleh stabbing the bottom of his right foot. When he got up from the chair, Mr. Buni demonstrated how he used both hands to grab and twist Ms. Riyaleh’s right arm so that the knife was now facing her as he pushed her arm behind her head. He used both arms to do this – his left arm now able to move.

[63] When asked in cross-examination to explain the injuries to Ms. Riyaleh’s neck and the back of her left elbow, Mr. Buni explained that this must have happened when they fell to the floor as there was a lot of broken stuff on the floor. Also, he described the knife as moving “all over the place” during the struggle.

Positions of the Parties

[64] The Crown’s position is that the complainant is a credible and reliable witness whose testimony establishes the two offences. The Crown submits that Mr. Buni’s account is fabricated to account for the significant injuries sustained by Ms. Riyaleh.

[65] Defence counsel argues that Mr. Buni was a credible and reliable witness. Mr. Buni’s account makes sense. Mr. Buni was known to be a quiet and helpful neighbour yet, inexplicably, savagely attacked Ms. Riyaleh and then ran to seek help.

[66] In contrast, the complainant’s testimony should be viewed with caution given her reluctance to acknowledge her alcohol abuse, her cohabitation with Mr. Buni and her failure to name Mr. Buni as her attacker when asked by the paramedic, “Who did this to you?”

[67] Further, the defence submits that the Crown’s failure to call Kiesha leaves a critical gap in the evidence as Kiesha would confirm which of the two diametrically opposed accounts was true in terms of the events the evening before.

Findings of Fact and Credibility

[68] The critical issue in this case is what happened in apartment 1012, at around 5:00 a.m. on December 11, 2023. There is no issue that when the police arrived at 5:25 a.m., Ms. Riyaleh had multiple stab wounds.

[69] Was Ms. Riyaleh the subject of a vicious unprovoked attack as she sat smoking in her living room? Or, was she the aggressor, who attacked Mr. Buni with a knife, but got injured unintentionally during the struggle as Mr. Buni tried to disarm her?

[70] In applying the principles in W.(D.), I will begin with the defence evidence. If I believe Mr. Buni’s evidence, I must acquit. Even if I do not believe it but I am left in reasonable doubt by it, I must acquit.

[71] For the reasons that follow, I reject Mr. Buni’s evidence. I did not find Mr. Buni to be a credible witness. Nor does the defence evidence raise a reasonable doubt. I reject Mr. Buni’s testimony, that Ms. Riyaleh attacked him with a knife and that her injuries occurred as he struggled to disarm her.

[72] Defence counsel argues that I ought to have a reasonable doubt as Mr. Buni’s account was consistent and makes sense. I disagree. In my view, there were several concerns with Mr. Buni’s testimony such that his narrative does not accord with common sense and human experience.

[73] For instance, in my view, Mr. Buni’s testimony fails to account for the severity, number, and multiple sites of Ms. Riyaleh’s injuries. The agreed statement of facts shows that Ms. Riyaleh had ten penetrating wounds requiring stitches and/or staples. These wounds are not isolated to one area. Ms. Riyaleh had penetrating wounds to the back of her left hand, her neck, the rear of her left elbow, the front of her left shoulder, her right rear trapezius and multiple areas to the left side of her face. In addition, the photograph of the back of Ms. Riyaleh’s neck shows numerous slashing injuries. In my view, Mr. Buni’s explanation for these injuries defies credulity. It would require great skills of contortion by Ms. Riyaleh to have self-inflicted these injuries during a struggle. The photographs show multiple penetrating wounds requiring stitches and staples. The wound to the neck injured the external jugular vein.

[74] Mr. Buni attributed the injuries to Ms. Riyaleh’s rear neck and shoulders as occurring after he twisted her right arm in an effort to disarm her. He explained that because he is taller, her hand went behind her neck. In my view, this is a complete fabrication. At six feet in height and one hundred and sixty pounds, Mr. Buni is significantly larger in frame to Ms. Riyaleh who is five feet, two inches tall and weighed about one hundred and twenty five pounds. Mr. Buni could have easily overpowered Ms. Riyaleh, even if he was initially caught off guard by her initial approach. Further, Mr. Buni testified that throughout the struggle, Ms. Riyaleh had the knife only in her right hand. This makes it more challenging to envision how Ms. Riyaleh would have sustained the penetrating wounds to her right rear trapezius and rear left elbow. When this unlikelihood was pointed out to Mr. Buni during cross-examination, Mr. Buni explained that these injuries may have occurred when they fell to the floor where there were broken items. However, the photographs of these wounds appear similar to all the others. And, the photograph of the living room floor (Figure 9 of Exhibit 1) shows the knife is the only sharp object on the bloodied floor.

[75] Next, there is Mr. Buni’s testimony about his own injuries. Mr. Buni testified that Ms. Riyaleh stabbed him in the left hand, the bottom of his feet – specifically the bottom of his right foot – the left shoulder and in the front hip area. He testified that because of the cuts to his feet, he had difficulty walking. Photographs were taken of his injuries at 41 Division and filed as Exhibit 4.

[76] I find that Mr. Buni sustained minimal injuries. Notably, Ms. Chabot and PC Astapov observed no injuries to Mr. Buni at the scene. I find that any injuries were minor. I reach this conclusion for several reasons, including:

• Foot injury: Any injury to Mr. Buni’s feet was minimal. The video recording from PC Astapov’s body worn camera shows Mr. Buni walking without any discernable difficulty along the tenth-floor hallway. While Mr. Buni needed assistance at 41 Division, the photographs taken of his feet are all of the top of his feet. I have no doubt that had Mr. Buni told the police he had cuts to the bottom of his feet, photographs of those cuts would have been taken. Also, while Mr. Buni initially testified that he had cuts to the bottom of his “feet”, later he explained that the cuts were to his right foot, yet most of the photographs are of the top of his left foot. While his feet are bloodstained, the blood is most likely from the blood-soaked floor in unit 1012.
• Shoulder injury: Mr. Buni testified that he was stabbed twice in the shoulder, however, no photographs were taken of his shoulder when he was at 41 Division.
• Cut to flank area: To the naked eye, the photograph of this injury shows a wound that is healing. There is scabbing and no fresh blood. Further, accepting Mr. Buni’s account for this wound – that he was stabbed by Ms. Riyelah – one would expect that his shirt would also bear some relevant evidence of such an attack yet in the photograph, Mr. Buni is lifting his shirt up for the photographer. His shirt is not bloodstained.

[77] Particularly troubling, is Mr. Buni’s testimony concerning the injury to his left hand. Mr. Buni testified that the incident started when Ms. Riyaleh stabbed him in the knuckle area of his left hand. Mr. Buni believed this hit a nerve as he felt an electric shock go up his arm, leaving his arm numb and “useless”. Yet, during his testimony, Mr. Buni demonstrated with both hands how he twisted Ms. Riyaleh’s arm upward and behind her head with the knife pointing towards her. Mr. Buni testified that his left hand was no longer “useless”. Photographs of Mr. Buni’s left hand were taken when he was at 41 Division. His hands are bloodied and have minor scrapes but no visible knife wounds.

[78] Another concern is Mr. Buni’s testimony about Ms. Riyaleh’s Somalian friend. In my view, this is a fictitious person. Mr. Buni recalled with great detail what Ms. Riyaleh made him for dinner that night yet only identified this woman as a Somalian woman he had met twice before but whose name he did not recall. Mr. Buni testified that Kiesha never visited that night. Yet, interestingly, when Mr. Buni sought help, he went to the ninth floor to get Kiesha. I find that this is because he knew Kiesha would be home as she had visited only hours earlier.

[79] Defence counsel argues that Mr. Buni’s account makes sense because there would be no other reason for Mr. Buni to run for help. This aspect of the evidence does not raise a doubt in my mind. Ms. Riyaleh testified that the attack stopped and Mr. Buni left the apartment after her jugular vein was cut and the blood started squirting out. Ms. Chabot testified that Mr. Buni was pounding on her door yelling, “Muna’s dying” or “Muna’s dead”. Mr. Buni did not want to be responsible for her death.

[80] Ultimately, I find that much of Mr. Buni’s account was contrived. I reject his account as to how Ms. Riyaleh was injured. Nor does his evidence raise a reasonable doubt.

[81] The third step in W.(D.) requires that I can only convict if the evidence that I do accept satisfies me that the Crown has proven the offences beyond a reasonable doubt. I am so satisfied.

[82] In assessing Ms. Riyaleh’s credibility and reliability, I remind myself that I must carefully scrutinize her evidence. Assessing credibility is a case-specific, multi-faceted exercise.

[83] I find that Ms. Riyaleh was a credible witness. She testified in a manner that was clear, compelling, and persuasive. She was not evasive in her answers. She did not embellish her evidence. She showed no hostility towards Mr. Buni. I accept her core assertion that her injuries were the result of an unprovoked knife attack by Mr. Buni as she sat in the living room chair.

[84] I find that this account is supported by the photographs of her injuries. The severity, number, and multiple locations of her wounds are consistent with being knifed in the back of the neck and shoulder without warning and then using her left arm and hand to defend herself.

[85] Ms. Riyaleh’s account is also consistent with the scene evidence. Ms. Riyaleh testified that after her jugular vein was struck, she fell to the floor and grabbed a pillow to try and stop the bleeding. The photograph of the living room floor in Exhibit 1 shows a blood-soaked pillow on the living room floor.

[86] Defence counsel argues that a reasonable doubt exists from the evidentiary gap caused by the Crown’s failure to call Kiesha as a witness. I disagree.

[87] Ms. Riyaleh testified that Kiesha visited the evening of December 10, 2023, but did not stay long. I accept this evidence. Kiesha is not a material witness. She was not present at the time of the incident. Further, as noted above, I find that Mr. Buni’s actions are consistent with Kiesha having visited the night before. When Mr. Buni left to seek help, he went to the ninth floor to get Kiesha. His actions speak to an expectation that Kiesha would be home which makes sense if she had visited only a few hours earlier.

[88] Defence counsel argues that I ought to be concerned about Ms. Riyaleh’s overall truthfulness, given her testimony about her alcohol use and that she did not live with Mr. Buni. On these two issues, the testimony of Ms. Chabot was consistent with Mr. Buni. Ms. Chabot testified that Mr. Buni lived with Ms. Riyaleh and that Ms. Riyaleh was always drinking.

[89] I find Ms. Chabot to be a credible and reliable witness. However, she is a neighbour, not a close friend. Ms. Riyaleh acknowledged that Mr. Buni was at her apartment daily. It could be that Ms. Chabot assumed from his daily presence that they lived together. As for whether Ms. Riyaleh had another tenant (Abdi), I find that Ms. Riyaleh likely had a tenant that she did not want to acknowledge when testifying. This does not cause me to doubt her evidence as to how her injuries occurred. The same is true of Ms. Riyaleh’s testimony about her alcohol use. Assuming Ms. Riyaleh minimized her alcohol use, this does not cause me to doubt her core assertion as to how she was wounded.

[90] Nor am I troubled by Ms. Riyaleh’s failure to notice that her dog was barking incessantly, or that when asked by the paramedic, “who did this to you”, Ms. Riyaleh did not name Mr. Buni, but instead made other queries in a slow manner of speech.

[91] There is no issue that Ms. Riyaleh was intubated at Sunnybrook Hospital. She sustained numerous severe wounds, including a cut to her jugular vein which clearly resulted in significant blood loss. Ms. Chabot testified that she believed Ms. Riyaleh was confused from the blood loss. Confusion and possibly shock makes sense, given the number and severity of Ms. Riyaleh’s injuries. That Ms. Riyaleh did not remember her dog barking is not surprising. Nor is it of any moment that she did not identify Mr. Buni when asked by the paramedic, “who did this to you?” Mr. Buni was her partner. A reluctance to name a partner in such circumstances is not uncommon.

Conclusion

[92] Ultimately, assessing the totality of the evidence, I am satisfied beyond a reasonable doubt that Mr. Buni assaulted Ms. Riyaleh as described.

[93] I find Mr. Buni is guilty as charged.

Released: April 7, 2025.

J.M. Barrett