Law360 Canada ( September 16, 2024, 3:32 PM EDT) -- Appeal by Jeremschuk from his conviction for aggravated assault on grounds that trial judge erred in failing to correctly apply test for self-defence, which resulted in an unreasonable verdict. The parties were neighbours and had a physical altercation that lasted for approximately 30 seconds. According to the evidence accepted by the trial judge, the parties wrestled, the appellant threw the complainant to the floor, and then removed the complainant's hand from his shirt. The appellant then stepped back but this clearly was not sufficient force to deter the complainant, notwithstanding his older age and smaller size, because he stood up and punched the appellant in the eye. The appellant then responded by throwing four to five punches within three to four seconds. This force did not knock the complainant down and only resulted in minor bruises and lacerations to the complainant's face.The complainant suffered a displaced fracture of his collarbone because of being thrown to the ground. The appellant claimed self-defence. The trial judge rejected the appellant’s self-defence claim and found that the force used by the appellant was not reasonable....