A young person was charged with aggravated assault, assault with a weapon (knife), possession of a weapon for a purpose dangerous to the public peace, and breach of an undertaking not to possess a weapon, following an altercation on Rideau Street in Ottawa.
The Crown relied on direct evidence from a security guard that the defendant stabbed the victim twice.
The defence argued self-defence and contended the Crown had not proven beyond a reasonable doubt that the defendant intentionally stabbed the victim.
The court found the direct evidence unreliable due to poor lighting, obstructed views, and significant inconsistencies among the three security guards' accounts.
While circumstantial evidence established the defendant held the knife when it came into contact with the victim, the court could not conclude the stabbing was voluntary or intentional.
The court found an air of reality to the self-defence claim, as the defendant was being attacked by multiple persons, including being struck with a construction pylon.
All charges were dismissed.