Ontario Criminal


Assault

COMMON ASSAULT
Accused’s evidence non-responsive, self-serving, confusing, discursive and inconsistent

Accused charged with assault, uttering death threats and forcible confinement stemming from incident with his then wife. Allegedly, after an argument, accused punched complainant in the head and when she informed him of her intention to phone police, made remarks to the effect that he would bring her back to Afghanistan where he could deal with her without any legal consequences. Complainant, with assistance of bed sheets, left apartment by climbing down from the balcony. Accused found guilty of assault and uttering death threats, not guilty of forcible confinement. Court found accused’s evidence to be non-responsive, self-serving, confusing, discursive and inconsistent and likewise found testimony from other defence witnesses wholly unbelievable or of little value. Court accepted testimony of the man who drove complainant to police station as a wholly unbiased witness whose testimony was consistent and uncontradicted. Court accepted complainant’s testimony. Case for forcible confinement not made out.

R. v. Wardak

(June 9, 2011, Ont. C.J., Wright J., File No. 998-11-04214-00) 95 W.C.B. (2d) 468 (12 pp.).

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Ontario’s provincial government said it will use both the courts and the legislature to cut the size of Toronto’s city council ahead of an Oct. 22 election. Do you think lawyers' efforts to stop this move will be successful?
RESULTS ❯