A man from the Burin Peninsula convicted of assault for spitting in the face of a police officer has lost his appeal.

John Joseph Francis was convicted after leaving a store in Marystown with unpaid merchandise. When an RCMP officer tried to handcuff him, he spat on her, leaving spittle on her face. As the altercation escalated, one of the three officers fired his taser twice and another used pepper spray to help subdue Francis.

Francis was convicted of numerous charges in relation to the incident, but appealed only the assault charge for spitting on the officer. He said the trial judge erred by failing to resolve confusing or contradictory evidence regarding the charge.

The Court of Appeal Newfoundland and Labrador ruled the testimony of the three officers that he had spat on the constable’s face provided sufficient evidence to convict the appellant.