The defendant was charged with three counts of assault and attempted choking to enable sexual assault, all allegedly committed against the complainant in 2008 during the deterioration of their common law relationship.
The Crown alleged that in July 2008, the defendant choked the complainant while fondling her, and in September 2008, he pushed her causing her to strike her head.
The defendant denied all allegations.
The court found that the Crown failed to discharge its burden of proof beyond a reasonable doubt.
The court noted material inconsistencies between the complainant's police statement and trial testimony regarding the choking incident, the timing of the criminal allegations relative to family court proceedings, and the absence of any mention of the criminal allegations in the complainant's restraining order application despite citing safety concerns.
The defendant was acquitted of all charges.
