Madeleine C. Ross

The Crown appealed the acquittal of a Belleville police officer charged with assault causing bodily harm arising from an arrest.

The officer and a co-accused were charged following an incident at a fast-food restaurant where they arrested a man for alleged theft of an energy drink.

The trial judge found the co-accused guilty of common assault but acquitted the respondent officer.

The Crown argued the acquittal was incongruous and that the officer should have been found guilty because he shared the co-accused's erroneous belief about reasonable grounds for arrest.

The Court of Appeal dismissed the appeal, holding that the trial judge properly applied the law and made factual findings that supported the acquittal, particularly that the respondent did not know what was happening inside the restaurant until he saw the struggle through the window.

The appellant appealed his convictions for two counts of sexual assault following a judge-alone trial.

The appeal focused on the trial judge's assessment of the complainant's credibility and reliability, arguing that the judge misapprehended evidence and failed to address the cumulative impact of weaknesses in the complainant's testimony.

The Court of Appeal reviewed the record and the trial judge's reasons, finding no misapprehension of evidence or piecemeal approach.

The trial judge's findings on credibility were upheld, and the appeal was dismissed.