The Crown appealed a trial judge's decision to grant a stay of proceedings after finding that a police officer used excessive force by Tasering the accused in the back as he was walking away from a scuffle.
The Crown argued the trial judge applied the wrong standard of review, provided insufficient reasons, misapprehended expert evidence, and erred in granting a stay.
The Superior Court dismissed the appeal, finding the trial judge's conclusions were supported by the evidence and that the use of the Taser in these circumstances offended society's sense of fair play and decency, justifying a stay of proceedings under the Babos framework.
