Client charged with assault. Client was a homeless woman who was invited to the male complainant’s apartment to have a shower and rest. The complainant testified in examination in chief that once the client woke up he told her she had to leave as he was going to watch the Santa Claus parade. He testified that she got upset by this and “attacked him”, hitting him in the face a number of times. He called the police. The police came and arrested the client in the hallway of the apartment. In cross, the complainant acknowledged that he would frequently invite homeless women over to his apartment. He further acknowledged that his landlord was upset with him about the number of disturbances and calls to the police from his apartment. In accordance with the requirement of Brown vs. Dunn, the client’s version of the event was put to the complainant in cross examination. It was suggested to him that when the client woke up, the complainant started to talk to her about what other women would do with him sexually. The client told the complainant that she “wasn’t going to put out for him” and this upset the complainant such that he pushed her onto the couch and hit her when she tried to leave. This is what resulted in the client hitting the complainant so that she could leave the residence. The complainant denied this version of events
Held: At the close of the Crown’s case the Crown Prosecutor invited the trial judge to dismiss the charge and the client was acquitted.