Reasonable doubt that accused knew there was officer in police cruiser

ASSAULTING PEACE OFFICER

Reasonable doubt that accused knew there was officer in police cruiser

Accused was charged with assaulting peace officer and two counts of obstructing peace officers in relation to his protest activities at G20. Accused had pleaded guilty to two counts of mischief over $5,000 that related to his willfully damaging two police cars while participating in those protests. It was alleged that accused used a wooden stick to both damage a police cruiser and assault by gesture officer stuck inside one of those vehicles during onslaught by a number of assailants. Surveillance cameras captured accused kicking in window of second police car. It was alleged accused willfully obstructed unnamed police officer in his or her duty to identify suspects by blocking cameras while protestors were seen to be randomly breaking windows of downtown commercial premises. Second count of obstruct police alleged that by participating with others in confining officer in first police cruiser while attacking it, accused obstructed him in execution of his duty. Assault peace officer and two obstruct police charges dismissed. Court was left with reasonable doubt that accused knew there was officer in police cruiser when he joined group that attacked it. Accused admitted to blocking cameras but it was not shown that any of cameras he interfered with were in service to police.

R. v. Cote (Sep. 7, 2011, Ont. C.J., Feldman J.) 97 W.C.B. (2d) 433 (7 pp.).