The accused was charged with assaulting a peace officer after fleeing from an arrest and placing the pursuing officer in a choke-hold.
Due to prior Charter breaches, the Crown conceded the officer was not in the lawful execution of his duty and sought a conviction for the lesser included offence of assault simpliciter.
The accused argued self-defence.
The court rejected the self-defence claim, finding the accused's response of punching and choking the officer was grossly disproportionate and unreasonable in the circumstances.
The accused was found guilty of assault.
