J. Di Cecca

In this judge-alone criminal trial, the accused admitted inflicting injuries but asserted self-defence in relation to an apartment-hallway altercation involving a metal pole and a knife.

The court applied the D.W. framework, assessed credibility and reliability in light of internal inconsistencies, substance-use evidence, criminal records, and video corroboration, and rejected the accused’s account.

The court held there was no evidentiary foundation for self-defence and, alternatively, that the accused’s own testimony failed the motive and reasonableness components under s. 34.

The court accepted key factual findings supported by surveillance and medical evidence, including repeated knife strikes and post-incident concealment conduct.

Convictions were entered for assault with a weapon, aggravated assault, and two probation breaches.

The defendant was charged with committing an indecent act in a public place and failing to comply with a probation order.

The Crown alleged the defendant exposed his penis and masturbated inside and outside a coffee shop, and that he breached his probation by failing to keep the peace and be of good behaviour.

The court found the defendant not guilty of the indecent act charge due to insufficient evidence of harm or substantial risk of harm as required under the harm-based test established in R. v. Labaye.

However, the court found the defendant guilty of failing to comply with the probation order, as his disruptive behaviour in the coffee shop constituted a clear breach of the peace.