Ms. G. Igbokwe

The accused was charged with aggravated assault, assault with a weapon (knife), carrying a weapon for a purpose dangerous to the public peace, and uttering threats following an altercation in which he cut the complainant under the chin.

The central issue was whether the accused acted in self-defence.

The court found the complainant to be an unreliable witness with significant credibility issues, while the accused was found to be credible and consistent.

The court accepted the accused's evidence that he carried the knife for personal protection against the complainant, who had previously attacked him and made repeated threats.

The court found that the accused's use of the knife was a reasonable defensive response to the complainant's aggressive conduct and punch to the face.

All charges were dismissed.

The accused pleaded guilty to two counts of trafficking heroin.

The Crown sought an 18-month custodial sentence, while defence counsel argued for a 12-month sentence with time served credit.

The court imposed a 12-month custodial sentence with enhanced pre-trial custody credit of 56 days beyond the statutory 1.5:1 ratio, recognizing the accused's chronic pain condition, his use of heroin for pain management, the harsh conditions of pre-trial detention including inadequate pain management, and the brief, unsophisticated nature of the trafficking offences.