The accused was charged with one count of assault contrary to section 266 of the Criminal Code, arising from an incident in the complainant's home on June 9, 2023.
The central issues were credibility and whether the Crown proved an intentional application of force.
The court found that while the accused's evidence left doubt as to whether he intentionally applied force, the Crown proved the assault on the basis of recklessness.
The accused lunged at the complainant during an argument and reached with force at her chest while attempting to retrieve his phone, causing bruising and pain.
The court found the accused's conduct reckless and not justified by defence of property.
The accused was convicted of assault.
