Michael Theriault appealed his conviction for common assault and his nine-month sentence, stemming from an altercation where he, an off-duty police officer, and his brother assaulted Dafonte Miller, a young Black man, after catching him stealing from their truck.
The trial judge had acquitted the brothers of aggravated assault and obstruction of justice but convicted Michael of common assault for striking Miller with a pipe when Miller was retreating.
The Court of Appeal dismissed Michael Theriault's appeal, upholding the conviction and sentence.
The Crown's cross-appeal against the acquittals was also dismissed without addressing its merits, as the Crown had indicated they would not pursue a new trial if Michael Theriault's common assault conviction was upheld.
