SELECTED CASE LAW
PRINCE EDWARD ISLAND:
In 2012 PECA 6, Mr. H appealed his conviction for sexually assaulting his ex-girlfriend.
Mr. H saw his ex-girlfriend, with whom he had a child, out with another man and got in an argument with them. Mr. H then took her phone and ran off. She informed the police Mr. H had stolen her phone. Mr. H used the phone to send embarrassing messages from her number.
When she came to his house to get her phone, he told her the phone was in the bedroom. He sexually assaulted her and didn’t let her leave until she agreed to allow him access to her children. After she left, Mr. H sent a variety of positive and apologetic text messages to her. She didn’t respond. The trial judge used their texting history as evidence. The trial judge found the woman to be credible.
The appeal court found the trial judge had not properly assessed the evidence and credibility of the witnesses and ordered a retrial.
Also see: 2011 PECA 8 (Appeal).
Criminal Offence(s): Sexual Assault