A police sergeant was charged with assault causing bodily harm under Section 267(b) of the Criminal Code for striking a complainant in the face during an arrest at a police station.
The complainant had attended the station to dispute a traffic ticket, became agitated, made threatening statements about arsons, and physically resisted arrest by locking his shoulder and keeping his hands apart to prevent handcuffing.
The sergeant delivered an open-hand distraction strike to the complainant's face, causing dental injuries.
The court found the sergeant's use of force was reasonable and necessary under Section 25 of the Criminal Code, as the complainant was actively resisting arrest and the second handcuff had not been fully secured at the time of the strike.
The charge was dismissed.
