R. v. Sherwin

R. v. Sherwin

Considering all evidence including DNA on the safe, possession of the victim's property, police observations of the accused fleeing with the bat and tossing a sheathed knife, and rejecting the accused's account as not credible, the Crown proved beyond a reasonable doubt that Sherwin was the principal offender and had the requisite intent for Counts 1, 2 and 3; intoxication did not negate intent in this case.

Citation
2012 BCSC 1808
Parties
Crown: Regina; Accused: Matthew Joshua Sherwin; Victim: Steven Marsh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2012
Procedural Posture
Criminal / Trial Verdict
Outcome
Guilty on Counts 1, 2 and 3; Count 4 stayed by Crown
Legal Topics
Aggravated Assault, Break and Enter, Intoxication, Resisting Arrest, Hearsay Evidence, Identification Evidence
Source Language
English
Criminal Law Aggravated Assault Break and Enter Intoxication Resisting Arrest Hearsay Evidence Identification Evidence

Case Brief

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Parties

Regina

Crown

Matthew Joshua Sherwin

Accused

Steven Marsh

Victim

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether accused had necessary intent for aggravated assault and break and enter
  2. 2 Whether intoxication negates specific intent or party liability
  3. 3 Whether accused was principal offender or party to offences committed by another

Ratio Decidendi

Considering all evidence including DNA on the safe, possession of the victim's property, police observations of the accused fleeing with the bat and tossing a sheathed knife, and rejecting the accused's account as not credible, the Crown proved beyond a reasonable doubt that Sherwin was the principal offender and had the requisite intent for Counts 1, 2 and 3; intoxication did not negate intent in this case.

Court Disposition

Guilty on Counts 1, 2 and 3; Count 4 stayed by Crown

Orders

  • Findings of guilt entered on Count 1 (aggravated assault), Count 2 (assault with intent to resist arrest) and Count 3 (break and enter with indictable offence)
  • Stay of proceedings entered on Count 4 (possession of stolen vehicle)