Christian Dobbs, a police officer, was charged with assault causing bodily harm, later reduced to assault simpliciter, against Raymond Costain during an arrest.
The central issue was whether the force used by Officer Dobbs was excessive under section 25(1) of the Criminal Code.
The court found Mr. Costain's evidence unreliable due to numerous inconsistencies and contradictions.
The video evidence, while depicting shocking force, was deemed inconclusive regarding Mr. Costain's resistance.
Given the evidentiary vacuum and the high standard of proof beyond a reasonable doubt, the court found reasonable doubt that the force applied was excessive and acquitted the officer.
