Accused of sexual assault on a woman | The judge will have to decide, says the court of appeal

A man accused of having sexually assaulted. Therefore, strangled a woman who got away with a “Jordan judgment” will have to face justice. Meanwhile, The Court of Appeal orders the trial judge to decide the guilt of Yann Giroux.

Accused of sexual assault. Meanwhile, assault by strangulation and criminal harassment with regard to a woman, the 38 -year -old man had benefited from a judgment process due to unreasonable deadlines (Jordan judgment) in December 2023 at the Montreal courthouse.

Special fact: the judge had ended the judicial process after the trial. Furthermore, The complainant had therefore testified.

accused sexual assault woman |

At the trial, Joanie* described Yann Giroux as a “jealous and very controlling” man. Nevertheless, During their brief relationship, she was not allowed to go alone to the convenience store and change her passwords. Consequently, He followed her on her phone, she said.

“He said to me,” I’m going to kidnap you. However, If I can’t have you, no one is going to get you crazy. “You’re going crazy,” said Joanie at the trial in 2023.

Joanie said he was sexually assaulted by Yann Giroux, after refusing to give her a blowjob.

Yann Giroux was a violent man, according to the complainant. She describes having received kicks and sputum in the face. Once, she was strangled by her executioner, she said.

“He asked me,” When accused sexual assault woman | did you see your ex the last time? ” He came in rage. He strangled me. The more I shouted, the more he pushed the pillow on my face. I had misery to breathe, ”she testified.

At trial, Yann Giroux denied everything. “I am not aware of this story,” he defended himself.

A late request – Accused sexual assault woman |

Judge Pierre Dupras put an end to the file in 2023, since the “Jordan ceiling” had been exceeded for three months (about 21 months, while the ceiling was 18 months). accused sexual assault woman | The magistrate has therefore never determined the guilt of the accused. An error, according to the Court of Appeal.

In the Jordan judgment. the Supreme Court set at 18 months the ceiling of deadlines between the indictment and the end of the trial for most of the files. The ceiling is 30 months in some cases, such as trials before jury. Beyond that. the fundamental rights of the accused are flouted, unless it is responsible for deadlines or in the event of exceptional circumstances.

Essentially, the Court of Appeal claims that Yann Giroux late lately has stopped procedures. Accused in 2021, it was only in September 2023, one month from the trial, that the defense produced its Jordan request. However, his trial had been set a year earlier.

“The respondent acted illegitimately pending some 13 accused sexual assault woman | months before presenting the request which raised the problem of deadlines. thus undergoing any possibility of responding to it,” concluded the court of appeal.

If he had asserted his right earlier. the crown and the judicial system might have been able to trial earlier to respect the Jordan ceiling, analyzes the court of appeal.

Also, Yann Giroux has shown “unacceptable negligence” by not obtaining a legal assistance mandate within 10 months after the accusations.

Judges Martin Vauclair. Judith Harvie and Christian Immer take advantage of this judgment to remind the actors of the judicial system several basic principles in terms of Jordan ceiling.

Judge Dupras will have to render judgment in the coming months.

*Fictive name