The appellant, a Lieutenant-Colonel, was convicted of assault after pushing his wife during an argument where she threw his diploma on the floor.
He argued the force was justified under s. 39(1) of the Criminal Code as defence of personal property.
The military judge found the force used was excessive and disproportionate.
The Supreme Court of Canada dismissed the appeal, holding that the military judge properly applied the principles of reasonable doubt and correctly assessed both subjective and objective factors in determining that the force used was more than necessary.
