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

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.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights