The accused was charged with Assault and Assault with a Weapon following an incident with his domestic partner.
The complainant alleged the accused threw vodka in her eyes and punched her during an argument.
The accused testified the vodka splash was accidental while attempting to take the glass from her, and denied punching her.
The court found the complainant's evidence regarding the punch was vague, uncertain, and unsupported by independent evidence, resulting in acquittal on the assault charge.
However, the court found the accused guilty of the included offence of simple assault under s. 266, finding that he used force to take the glass from the complainant without her consent, resulting in the vodka being splashed into her eye.
