Client convicted of assault at trial by detaining a young women due to a dispute over payment of the fare. He grabbed her backpack as she tried to walk away, she struck at him and then he struck her. Sentenced to jail. Our firm retained to appeal the conviction and sentence. Client released on bail pending appeal.
Held: Conviction overturned, new trial ordered.
Crown then entering stay of proceeding against client. Trial Judge misapprehended the degree of force used by the complainant against the client in reacting to her backpack being grabbed. It was sufficiently violent that it could engage self-defence by the client.