What is the test for a common assault certificate under the BC Criminal Code?

In Sharkey v. Robertson, supra, in a carefully considered judgment, Ruttan J. traced the history of the statute in British Columbia and then set out five conditions a defendant relying upon the Act must show in order to come within the statute. These conditions are set out on p. 719 and are as follows: “(1) That the charge against his client was 'common assault or battery,' when he did 'unlawfully assault or beat another person.’ “(2) That upon hearing and determining the offence and upon conviction the offender did pay a fine and upon non-payment was committed to gaol. Or, “(3) If the charge were dismissed, as not proving assault or battery, or too trivial as not to merit any punishment, that a certificate accordingly was made out. “(4) The certificate or a record of conviction after payment of the fine judged or imprisonment suffered shall be proof of the right to a bar of further proceedings and will accordingly release the defendant from all further proceedings civilly or criminally. “(5) Provided these provisions do not apply to cases of aggravated assault.”