Shioban Dundon

The accused was charged with three counts of sexual assault, with one count withdrawn before trial, leaving two counts to be tried.

The case involved allegations of non-consensual slapping and choking during otherwise consensual sexual encounters between the complainant and the accused, who were long-time best friends.

The accused denied all allegations.

The court assessed the credibility and reliability of both witnesses, applying the principles from R. v. W. (D.).

The complainant's evidence was found to be credible and reliable, while the accused's evidence was deemed neither credible nor reliable, particularly his explanation for not responding to a text message accusing him of assault.

The court found the accused guilty on both remaining counts of sexual assault.

S.B. pleaded guilty to assault causing bodily harm to her 8-month-old infant, R.B., who sustained multiple fractures.

The court considered aggravating factors such as the victim's age, breach of trust, and delay in seeking medical attention, alongside mitigating factors including S.B.'s mental health issues, reduced cognitive capabilities, postpartum depression, and guilty plea.

Applying sentencing principles from R. v. McCauley and R. v. Habib, the court found special mitigating circumstances warranted a conditional sentence.

S.B. was sentenced to a 15-month conditional sentence, followed by 36 months probation, a 10-year section 110 order, and a DNA order.