The accused was charged with assault with a weapon and aggravated assault after stabbing the complainant during a dispute over payment for marijuana.
The accused admitted stabbing the complainant but claimed self-defence under s. 34 of the Criminal Code, alleging he acted while restrained in a chokehold.
The court rejected the accused’s account due to multiple inconsistencies in his police statement and conflicts with other evidence.
The judge accepted the complainant’s testimony that the accused initiated the knife attack during a confrontation arising from a failed drug transaction.
The defence of self-defence lacked an air of reality and the Crown proved the offences beyond a reasonable doubt.
