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The court admitted most of Dr. Cleland’s expert evidence on neck anatomy and penetrating neck injuries, but excluded his photo-marking evidence and addendum report.
The court held that a Sexual Assault Nurse Examiner could be qualified to give expert opinion evidence on examination procedures and related medical observations.
The court convicted the accused of sexual assault causing bodily harm and acquitted him of the choking count, finding no consent and no honest belief in consent.
The Crown failed to prove beyond a reasonable doubt a causal nexus between the accused's conduct and the complainant's injuries and failed to prove possession/use of a screwdriver for a dangerous purpose or that the accused uttered the alleged threat; absence of medical/expert evidence and credibility deficiencies meant guilt was not established and the accused was acquitted.
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