The accused was convicted of simple assault after an altercation with a police officer during an attempted arrest that followed multiple Charter breaches.
Although initially charged with assaulting a peace officer under s. 270(1)(a) of the Criminal Code, the Crown sought and obtained a conviction for simple assault under s. 265 because the officer was not acting in the lawful execution of duties due to the constitutional violations.
The court found the assault serious, noting that the accused punched the officer and placed him in a chokehold causing the officer to fear for his life.
Despite aggravating factors, including the victim being a police officer, the court emphasized the accused’s youth, lack of prior record, remorse, community support, and rehabilitation prospects.
A conditional discharge was rejected as contrary to the public interest, but the court imposed a six‑month conditional sentence to be served in the community with strict house arrest and curfew conditions.
