Shauna Pemberton

The accused was charged with assault, uttering threats, and sexual assault against his estranged wife while they continued to reside in the matrimonial home.

The court assessed the conflicting testimony of the parties, noting animosity related to family law proceedings and infidelity.

Applying the W.(D.) framework, the court found the accused guilty of assault and uttering threats, as the complainant's evidence was corroborated by their son's testimony.

However, the court acquitted the accused of sexual assault, finding that the accused's denial and the lack of supporting evidence raised a reasonable doubt.

The accused was charged with two counts of attempted murder after randomly attacking two individuals with a knife.

The defence conceded the acts but argued that the accused was not criminally responsible under s. 16 of the Criminal Code due to a mental disorder including psychosis and schizophrenia.

Psychiatric experts agreed the accused suffered from a major mental disorder but differed on whether it rendered him incapable of knowing his acts were morally wrong.

The court found that the accused understood the legal wrongfulness of his actions, citing his attempts to evade police and his admissions during a videotaped statement.

The court rejected the defence argument that command hallucinations rendered him incapable of appreciating moral wrongness and found the evidentiary basis for that theory weak.

The defence failed to meet its burden on a balance of probabilities, and the accused was convicted on both counts of attempted murder.