Accused charged with assaulting an individual with a bottle during a fight at a party. Complainant sustained a large cut over the eye that was allegedly caused by the bottle. Accused did not testify.
Held: Acquitted. Based on the testimony of the 4 Crown witnesses who purported to see the fight the Court could not find beyond a reasonable doubt that the client struck the complainant with the bottle. Only one witness testified to seeing the accused strike the complainant and that witness was found to unreliable.