A young person was charged with assault arising from an altercation following a motor vehicle accident.
The Crown alleged the defendant used force without consent.
The defence claimed the force was consensual.
The court found the defendant guilty of assault, rejecting the defendant's credibility in favour of the complainant's account, which was corroborated by an independent witness.
The court applied the R. v. W. (D) framework and determined the defendant initiated an unprovoked attack and participated in kicking and punching the complainant while on the ground.
