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A police officer was acquitted of assault causing bodily harm after a lawful takedown of a resisting arrestee.
Constable Travis Buckle was charged with assault causing bodily harm after attempting to arrest Dale Delaney on outstanding warrants at Victoria Hospital's emergency department.
During the arrest, Delaney landed face-first on the floor, suffering serious facial injuries.
The Crown argued the arrest was unlawful due to failure to announce the reason for arrest, and alternatively that excessive force was used.
The court found the arrest was lawful, the officer reasonably believed Delaney was attempting to flee, and the force used was justified under section 25(1) of the Criminal Code.
The officer was acquitted.
A police officer was convicted of simple assault for punching a handcuffed detainee in retribution for spitting.
A Hamilton Police officer with approximately two years of experience was charged with assault causing bodily harm after punching a suspect in the face during an arrest.
The suspect, a 35-year-old man with mental health issues, had spat on the officer.
The officer delivered three punches total: one immediately after being spat upon (conceded as reasonable by the Crown), and two additional punches while the suspect was on the ground and handcuffed.
The court found the latter two punches were excessive and not protected by section 25 of the Criminal Code, as they were delivered in retribution rather than for a legitimate law enforcement purpose.
However, the Crown failed to prove beyond a reasonable doubt that either of the two excessive punches caused the suspect's facial fracture, which required surgery.
The officer was acquitted of assault causing bodily harm but convicted of the lesser included offence of assault.
