R. v. MacLean

R. v. MacLean

The court found the accused guilty of aggravated assault because the biting was intentional and retaliatory, the self-defence explanation lacked an air of reality, and the Crown proved beyond a reasonable doubt that the accused's conduct was not a reasonable response to a threat and was objectively foreseeable to cause serious bodily harm.

Citation
2016 NSPC 59
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Randall Edwin MacLean
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 October 2016
Procedural Posture
Criminal Aggravated Assault / Trial Verdict
Outcome
Guilty of aggravated assault (case 2788204)
Legal Topics
Aggravated Assault, Self Defence S.34 Criminal Code, Mens Rea and Objective Foresight, Witness Credibility, Intoxication
Source Language
English
Criminal Law Evidence Aggravated Assault Self Defence S.34 Criminal Code Mens Rea and Objective Foresight Witness Credibility Intoxication

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Parties

Her Majesty the Queen

Crown/prosecution

Randall Edwin MacLean

Accused/defendant

Procedural Posture

Criminal Aggravated Assault / Trial Verdict

Legal Issues

  1. 1 Whether the accused's use of force was lawful self-defence under s.34 of the Criminal Code
  2. 2 Whether the accused intentionally inflicted bodily harm amounting to aggravated assault
  3. 3 Credibility of the accused and prosecution witnesses given widespread intoxication

Ratio Decidendi

The court found the accused guilty of aggravated assault because the biting was intentional and retaliatory, the self-defence explanation lacked an air of reality, and the Crown proved beyond a reasonable doubt that the accused's conduct was not a reasonable response to a threat and was objectively foreseeable to cause serious bodily harm.

Court Disposition

Guilty of aggravated assault (case 2788204)

Orders

  • Finding of guilt on count of aggravated assault (docket 2788204)