R. v. Clark
Judge accepted the accused's version that he intentionally touched the complainant in an attempted reconciliation but rejected the complainant's allegations of hair-pulling and throwing to the ground; the touching was intentional yet innocuous, lacked potential to cause serious bodily harm, and the complainant's testimony had credibility problems, therefore the de minimis doctrine applied and the accused was not guilty of assault.
Source excerpt
- Assault
- De minimis doctrine
- Credibility assessment
- Consent/implied consent