Client charged with assault causing bodily harm. Alleged that client assaulted a family member in the course of an argument. Complainant testified to being assaulted (punched and dragged) by the Accused. Client testified that there was pushing and shoving, but that the complainant was the aggressor and client was acting in defence of himself and his property.
Both complainant and accused testified. While there was evidence of an argument and contact between the parties, the Court was not satisfied beyond a reasonable doubt that the punching and dragging occurred as alleged by the complainant. On the client’s version of events, he was not guilty of an assault. Court acquitted based on the test in R v W(D) – although the judge did not know who to believe, the judge had a reasonable doubt as to the accused’s guilt