The Crown appealed a directed verdict of acquittal on a single count of assault arising from a neighbor dispute.
The trial judge had granted the directed verdict after viewing a surveillance video, concluding there was no intentional application of force, despite the complainant's testimony that the accused had brushed her and spat on her.
The Superior Court of Justice allowed the appeal, finding that the trial judge erred by assessing credibility and weighing evidence on a directed verdict motion, rather than accepting the Crown's evidence at its highest.
A new trial was ordered.
