Accused was charged with forcible confinement of his former spouse. Complainant testified to being forcibly confined in a shared residence with the accused, prior to fleeing the residence and contacting police. Accused testified that there was a domestic argument, but that the allegations of forcible confinement were fabricated.
Held: Charge dismissed. After the complainant was cross examined by defence counsel and the accused gave his evidence, the Crown Prosecutor elected not to cross examine the accused and instead invited the Court to dismiss the charge. The Court dismissed the charge.