R v H.A.T., 2022 ONSC 1417

This is an application to sever charges on a file where the accused was charged with four offences: two counts of sexual assault, one count of unlawful possession of a firearm, and one count of wilfully causing suffering to a dog. It was alleged that the accused engaged in a lengthy pattern of abusive conduct towards his wife, sexually assaulting her over 30 times between 2008 and 2020, as well as kicking and attacking his dog after the dog had an accident on the floor, thus causing the dog to die from internal injuries.

The accused brought forth an application to sever the animal cruelty charge from the others, claiming that the presence of that particular charge may cause prejudice to him.

The judge granted the application to sever the animal cruelty charge because there would likely be a strong emotional pull for a jury to engage in forbidden logic and conclude that the accused is a bad person. Additionally, the evidence regarding the dog was not linked to the sexual assault charges, the evidence pertaining to the sexual assaults was relatively complex, and there was a strong likelihood of the jury engaging in prejudicial reasoning.