THUNDER BAY – Crimebeat – A Thunder Bay Police Service officer faces a charge of assault over an incident that happened while the police officer was off-duty. The case, involving Constable Steven Oster, a seven year veteran of the service, happened at the Neebing Arena on January 10th 2013. A twelve year old youth was reportedly assaulted.
Thunder Bay Police Officer Faces Assault Charge
Const. Steven Oster will appear in court on March 19th, to face a charge of common assault. The veteran officer will be placed on administrative duties, but not suspended from duty while the case is before the court. Should the office be convicted, he will likely face a Police Act hearing.
Police spokespersons are not commenting on the incident or resulting charges, as the case is now before the court.
What is Assault?
The Criminal Code of Canada:
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265. (1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. |
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Application |
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. |
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Consent |
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority. |
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Accused’s belief as to consent |
(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief. R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19. |
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266. Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82-83, c. 125, s. 19. |
