Female client charged with assault causing bodily harm by biting off large piece of male’s tongue. Complainant testified he awoke to find client biting his tongue. Client testified that she awoke to find accused’s hands down her pants and being kissed on her cheek. She panicked and fled the house. No memory of biting his tongue. Crown argued no assault on her, therefore no self defence; or if there was, force was excessive. Client acquitted. Court satisfied that she was telling the truth about the sexual assault and bit his tongue before she came to her senses and jumped up. Lawful self-defence and not excessive force.
July 2, 2010