The accused, a bicycle courier, was charged with assault with a weapon, assault causing bodily harm, and mischief under $5,000 following a road rage altercation with a motorist.
After the accused crossed an intersection against a red light and kicked the motorist's car, the motorist exited his vehicle and aggressively confronted the accused.
The accused struck the motorist's raised hand with a bicycle lock and pulled him to the ground.
The court acquitted the accused of mischief due to a lack of evidence that his kick caused the alleged damage.
The court also acquitted the accused of the assault charges, finding that the Crown failed to disprove self-defence under s. 34 of the Criminal Code, as the accused reasonably feared for his safety and his response was proportionate.