Facts: Steven, in the company of two other men, broke into a home by smashing a rear window. Once inside they took many items including a TV, DVDs, a pair of boots and a laptop.
As police arrived the trio were driving away. A plain clothed officer stood in the path of the fleeing car and directed it to stop, whereupon he was struck by the vehicle. The three continued to flee until their car struck a pole.
Steven was arrested as he exited the vehicle. At that point he spit in the direction of one officer and kicked another in the shin.
Inside the vehicle were found tools for breaking and entering as well as the stolen merchandise. Steven and his accomplices were charged with breaking and entering, possessing instruments for the purpose of a break-in and assaulting a police officer.
Result: After countless pre-trial meetings with the Crown in which they insisted on a guilty plea to breaking and entering, the Crown was finally persuaded to accept a guilty plea to assaulting a police officer by spitting at him and kicking his shin. He received a criminal record for this but avoided lengthy jail time.