The accused, a police officer, was charged with assault causing bodily harm after mistakenly entering the wrong apartment during a domestic assault call and physically detaining the occupant.
The Crown conceded the detention was lawful but argued the manner and force used were unreasonable.
The court found the complainant's testimony unreliable and accepted the officer's account that the force used was minimal and tailored to the volatile circumstances.
The court held the Crown failed to prove beyond a reasonable doubt that the force was reasonably unnecessary under s. 25(1) of the Criminal Code, and the charge was dismissed.
