The appellant appealed a jury conviction for aggravated assault arising from a violent neighbour dispute involving an iron bar.
The main issue was whether the trial judge properly instructed the jury on self-defence.
The Court of Appeal held that, although the trial judge charged the jury under s. 34(1) of the Criminal Code, the evidence also required an instruction under s. 34(2) because the appellant's version raised a reasonable apprehension of death or grievous bodily harm.
The court further held that the jury should have been told that a mistaken belief about the degree of danger could still support the defence if based on reasonable grounds.
The appeal was allowed, the conviction was set aside, and a new trial was ordered.
