Ontario Criminal


Assault

COMMON ASSAULT
Complainant’s explanation for delayed complaint plausible in circumstances

Accused and complainant had been involved in relationship. Complainant testified that when she attempted to leave accused’s house, he pushed her onto couch and pinned her hands. Complainant testified accused choked her to point she felt unable to breathe. Complainant went to police about 10 days after incident after family friend told her abuse would not otherwise stop. Accused denied allegations. Accused found guilty. Complainant testified in straightforward manner without embellishment or animus. Complainant’s explanation for delayed complaint was plausible in circumstances. Complainant was not seriously challenged on material issues of fact. Complainant was credible and reliable. Accused’s suggestion that complainant left his home in anger because of photos on display made little sense. Accused, likely fueled by alcohol, manhandled complainant as she described.


R. v. Narain

(July 5, 2011, Ont. C.J., Feldman J.) 95 W.C.B. (2d) 561 (7 pp.).

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