SELECTED CASE LAW
ALBERTA:
In 2019 ABCA 160, Mr. H appealed his conviction of sexual assault, assault, breach of recognizance, unlawful confinement, uttering threats and overcoming resistance by choking. He argued that the judge had not properly assessed the evidence, did not give adequate reasons for his conviction, and made a mistake when naming the legal elements for unlawful confinement.
Mr. H texted his ex-girlfriend asking to talk about their relationship. When she picked him up in her van to talk about it, he took her phone and found a photo a male friend had sent her and got upset. He called her derogatory names and made her drive away. He repeatedly struck her while she was driving. He then called friends claiming he had “a girl who can turn tricks, who is looking for work”. He threatened to kill her and went to a home where his ex knew he stored a gun. She tried to flee but Mr. H forced her back into the vehicle and he took her back to his home where he choked her, physically assaulted her, and called her sexist names while he sexually assaulted her. The police arrived looking for the woman and when Mr. H left the room, she asked the police to pretend to arrest her to make it look like she was not leaving voluntarily, but would get her out of the home. She had visible injuries when the police found her.
Mr. H was found guilty of all charges at trial.
The Appeal court did not find the judge had made any mistakes that would overturn the conviction.
Criminal Offence(s): Sexual Assault