Summary conviction appeal by a police officer convicted of assault with a weapon for baton strikes delivered during a G20 arrest.
The court rejected arguments that the trial judge failed to consider mens rea, applied too strict a necessity standard under the excessive-force justification provisions, or erred in excluding case-specific police opinion evidence.
The conviction appeal was dismissed because the trial judge applied the correct legal principles and made fact findings entitled to deference.
The sentence appeal was allowed because the sentencing judge erred in treating the appellant's lack of remorse, derived from his plea and testimony, as aggravating.
The custodial sentence was reduced to time served and replaced with 12 months' probation and community service.
