T. Brun

The accused was charged with sexual assault and threatening bodily harm against his wife.

The case turned entirely on credibility, as there was no independent corroborating evidence.

The complainant alleged the accused injured her clitoris and threatened her, while the accused denied the allegations.

Applying the W.(D.) framework, the court found no reason to reject the accused's evidence and concluded it raised a reasonable doubt.

The court also found the alleged threatening words were too vague to constitute a threat.

The accused was acquitted on both counts.

The offender, a 24-year-old first offender, was convicted of possessing a loaded restricted firearm and possessing heroin and cocaine for the purpose of trafficking.

The court considered the aggravating factors of the firearm and drugs, and mitigating factors including the offender's youth, lack of record, remorse, and the impact of systemic anti-Black racism.

The court imposed a total sentence of two years less a day imprisonment, after accounting for pre-sentence custody and totality, followed by 24 months of probation.