Accused found guilty after trial of assault causing bodily harm to a police officer (270.01(1)(b) CC) and escape lawful custody. Police had attended at a hotel room to quell a noise complaint. Accused was ultimately handcuffed. Accused then ran from the scene, punching a police officer in the face. Broken nose (and other injuries) caused. Accused’s account rejected at trial.
Held: 2 years less 1 day jail plus probation.
20 months jail fit for the offence under s. 270.01(1)(b). Deterrence and denunciation paramount. “Police officers … have a right to expect, when properly carrying out their duties, that they should not be subject to rudeness, abuse and assault”: Debnam, 2002 ABCA 222.
D. Zuk – Defence Counsel