The appellant, an off-duty police officer, was convicted of assault causing bodily harm after a traffic altercation where he arrested a dangerous driver and applied excessive force, breaking the driver's jaw.
He appealed his conviction and 90-day intermittent jail sentence.
The summary conviction appeal court dismissed the conviction appeal, finding no misapprehension of evidence, proper application of the burden of proof, and proper admission of lay opinion evidence.
However, the court allowed the sentence appeal, finding the case exceptional due to the appellant's extraordinary community service and the significant provocation involved.
The custodial sentence was set aside and replaced with one year of probation and 100 hours of community service.
