What is the test for an assault charge against an appellant?
Ontario, Canada
The following excerpt is from Sordi v. Sordi, 2011 ONCA 665 (CanLII):
In considering this aspect of the appellant’s case, the trial judge carefully reviewed the facts relating to each of the assault charges that were laid against the appellant. Applying these facts to the four-part test set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, the trial judge concluded that the appellant failed to establish that the test had been met in relation to any of the charges. I find no fault with this conclusion.
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