The accused was charged with assault with a weapon (backhoe) contrary to Section 267(a) of the Criminal Code.
The incident occurred at a construction site in Orangeville where the accused was operating an excavator and the complainant approached to report damage to a truck.
Following a confrontation, the accused rotated the excavator while the complainant was holding onto it, causing him to be spun around multiple times before falling to the ground.
The court found the accused guilty of the included offence of common assault contrary to Section 266, rejecting the assault with a weapon charge and the defence of self-defence.
