R. v. MacEvoy

R. v. MacEvoy

Although the accused had reasonable grounds to fear some use of force, that likelihood was slight given the mother's presence and other available alternatives; the accused acted with mixed motive and employed disproportionate, extreme force (a shotgun blast) such that the Crown discharged its burden to negate self-defence and the accused is guilty of aggravated assault; counts 3 and 4 are stayed under Kienapple and counts 5 and 6 were found not guilty or disposed of summarily.

Citation
2023 NSPC 20
Parties
Crown: His Majesty the King; Accused: Ernest James MacEvoy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 May 2023
Procedural Posture
Criminal / Trial Verdict
Outcome
Accused found guilty of aggravated assault (Count 1); Counts 3 and 4 stayed under Kienapple; Counts 5 and 6 acquitted/found not guilty; Count 2 addressed in separate decision.
Legal Topics
Aggravated Assault, Self Defence (s.34 Criminal Code), Firearms Possession and Use, Kienapple Principle
Source Language
English
Criminal Law Firearms Law Defence of Person Aggravated Assault Self Defence (s.34 Criminal Code) Firearms Possession and Use Kienapple Principle

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Parties

His Majesty the King

Crown

Ernest James MacEvoy

Accused

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Did the accused believe on reasonable grounds that force was being used or threatened against him?
  2. 2 Were the accused's actions effected for the purpose of defending himself?
  3. 3 Was the accused's use of force reasonable in the circumstances?

Ratio Decidendi

Although the accused had reasonable grounds to fear some use of force, that likelihood was slight given the mother's presence and other available alternatives; the accused acted with mixed motive and employed disproportionate, extreme force (a shotgun blast) such that the Crown discharged its burden to negate self-defence and the accused is guilty of aggravated assault; counts 3 and 4 are stayed under Kienapple and counts 5 and 6 were found not guilty or disposed of summarily.

Court Disposition

Accused found guilty of aggravated assault (Count 1); Counts 3 and 4 stayed under Kienapple; Counts 5 and 6 acquitted/found not guilty; Count 2 addressed in separate decision.

Orders

  • Convicted of aggravated assault under s.268 of the Criminal Code (Count 1).
  • Stay of proceedings on Counts 3 and 4 pursuant to Kienapple principles.