The appellant appealed his convictions for impaired driving, dangerous driving, and assault with intent to resist arrest.
The Court of Appeal dismissed the appeal regarding the driving offences, finding no error by the summary conviction appeal judge.
However, the Court allowed the appeal on the assault charge, holding that the appellant's act of pulling his arm away to disengage from police officers did not constitute an assault in law, though it likely amounted to an offence under s. 129 of the Criminal Code.
The conviction for assault resisting arrest was set aside.
