Sharon Murphy

The accused was charged with multiple offences, including aggravated assault against a three-month-old infant and assault with a weapon against his girlfriend, following a domestic dispute.

The Crown relied heavily on the girlfriend's videotaped police statement, which she recanted at trial.

Applying the W.D. framework, the court found the accused guilty of simple assault for intentionally dropping the infant's bassinette and for placing a pillow over his girlfriend's face.

However, the court acquitted the accused of aggravated assault and uttering threats, finding reasonable doubt regarding the cause of the infant's severe head injuries and the exact words spoken during the pillow incident.

The Crown applied to remove defence counsel due to a conflict of interest after the same lawyer had represented both an accused and a key Crown witness who later provided incriminating statements.

The accused sought a stay of proceedings or exclusion of the witness’s evidence under ss. 7 and 11(d) of the Charter, arguing police inducements and delayed disclosure compromised their fair trial rights.

The court found that while police comments undermining the witness’s confidence in her lawyer were inappropriate, the accused could not rely on alleged Charter breaches affecting the witness, and no actual prejudice to their ability to make full answer and defence was established.

The court declined to grant a stay or exclude the witness’s evidence but held the conflict required removal of counsel.

The accused would need to obtain new counsel and a new trial date.