The accused was charged with assault of his minor son during a family dispute.
The Crown alleged that the accused, in anger, pulled his son to the doorway, threw him towards the door, choked him, and forced him onto a stool by the entrance.
The defence claimed the accused only pulled his son across the floor after reasonable persuasion failed, held his face briefly to get his attention, and that section 43 of the Criminal Code provided a defence for reasonable parental discipline.
The central issue was credibility.
The court found the accused's testimony unreliable and accepted the credible evidence of the three child witnesses.
The court determined that the accused's actions were plainly outside the scope of section 43 and constituted excessive force.
The accused was found guilty.