Appeal from aggravated assault conviction. Issue as to whether trial judge erred in rejecting self-defence claim. Incident occurred after several hours of drinking. Accused struck the complainant in the eye causing serious injury. Accused testified that although the complainant did not hit him first, he had moved toward the accused in a menacing fashion, and that the accused therefore hit him in self-defence.
Held: Appeal dismissed.
The trial judge reviewed s. 34 CC, and found that the accused’s actions did not raise a doubt regarding the proportionality criteria. Amongst other factors, the judge considered the lack of previous conflict between the parties. “There is no indication of the trial judge reasoning backward from the seriousness of the injury.”
W. deWit – Defence Counsel