The appellant appealed his convictions for possession of cocaine for the purpose of trafficking and possession of proceeds of crime.
The appeal challenged the trial judge's finding that there were reasonable grounds to arrest the appellant for wilful obstruction of a peace officer, arguing that his refusal to answer police questions should not have been considered and that video evidence did not support active resistance during a pat-down search.
The Court of Appeal dismissed the appeal, affirming that the trial judge's consideration of the appellant's conduct (stiffening and pulling away) was part of a larger context, and her findings of active resistance and reasonable officer actions for safety were supported by the evidence.
