The accused was charged with assault and failing to comply with a release order after a confrontation with a maintenance worker in a parking garage.
The court accepted the complainant's evidence, found the CCTV footage corroborated that the accused was the aggressor, rejected the claim of a consensual fight, and held that self-defence was disproved beyond a reasonable doubt under s. 34 of the Criminal Code.
Applying W.(D.), the court rejected the accused's account on the assault count, but found his evidence raised a reasonable doubt on whether he subjectively knew or recklessly disregarded that his presence breached the boundary condition of his release.
The accused was convicted of assault and acquitted of failing to comply with the release order.
