EVIDENCE - Methods of proof - Circumstantial evidence - Inferences

Law360 Canada ( October 3, 2024, 12:18 PM EDT) -- Appeal by TL from conviction for aggravated assault following a judge-alone trial. He appealed his conviction and sought, alternatively, the entry of an acquittal, a new trial, or the entry of a conviction for the lesser offence of assault. The evidence revealed a dysfunctional relationship characterized by substance abuse. TL was acquitted on three assault charges but convicted of aggravated assault. The victim suffered severe injuries, including fractured ribs, a fractured eye socket, and a broken nose. The evidence showed the victim was uninjured when leaving a party with TL but had visible injuries when the police arrived at their residence later. TL claimed the victim fell on the stairs, causing her injuries, but the victim testified to having been punched by TL in the car. The trial judge rejected both accounts, finding the victim unreliable and TL’s version implausible. The conviction was based on the timing of the injuries, their nature and extent, and TL’s apologetic text messages the following day. TL argued that the trial judge misapplied the law on circumstantial evidence and provided insufficient reasons on intent....
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