Counsel: Tonii Roulston
Offence: Sexual Assault, (s.271 CC) Assault x 2 (s.266 CC), and Choking (s.267 (c) CC)
Result: Three charges withdrawn and a nine-month conditional sentence order
Our client and the complainant were undergoing a contentious divorce. The complainant accused the client of sexual assault, physical assault, and choking her. Tonii Roulston brought a s.276 and s.278 application to bring into evidence prior sexual history between the client and complainant, text messages that demonstrated the complainant consented, and evidence that she had a motive to fabricate. Tonii was able to negotiate with the Crown leading to a nine-month conditional sentence order for the choking offence and the other charges were withdrawn. The client was able to serve his sentence in the community and avoided jail.
