The accused, a parking enforcement officer, was charged with assault contrary to section 266 of the Criminal Code.
The accused was struck and knocked to the ground on Ossington Avenue, sustaining a mild concussion.
Approximately one hour later, at a police station, the accused assaulted the person who had attacked him.
The defence raised the common law defence of non-insane automatism, arguing the accused's actions were involuntary due to impaired consciousness from the concussion.
The Crown argued the accused acted voluntarily.
The trial judge found the defence had not established a proper evidentiary foundation for automatism and convicted the accused.
