R. v. Farrar

R. v. Farrar

Medical evidence established a Grade IV pancreatic rupture requiring surgery; a reasonable person in the accused's circumstances would have foreseen that driving a knee into the complainant's abdomen with significant force risked bodily harm; the Crown disproved self-defence because the accused's actions were not for the purpose of protecting himself and were objectively unreasonable, therefore the accused is guilty of aggravated assault.

Citation
2019 NSSC 46
Parties
Crown: Her Majesty the Queen; Accused: Christopher Farrar
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Criminal / Trial Judgment (verdict)
Outcome
Convicted: guilty of aggravated assault
Legal Topics
Aggravated Assault, Self Defence, Proof Beyond Reasonable Doubt, Causation, Credibility Assessment
Source Language
English
Criminal Law Evidence Law Forensic Medicine Aggravated Assault Self Defence Proof Beyond Reasonable Doubt Causation Credibility Assessment

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Parties

Her Majesty the Queen

Crown

Christopher Farrar

Accused

Procedural Posture

Criminal / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the assault wounded, maimed, disfigured or endangered life
  2. 2 Whether the accused applied force he knew or should have known would risk bodily harm
  3. 3 Whether the accused acted in lawful self-defence (reasonable belief, purpose, reasonableness)

Ratio Decidendi

Medical evidence established a Grade IV pancreatic rupture requiring surgery; a reasonable person in the accused's circumstances would have foreseen that driving a knee into the complainant's abdomen with significant force risked bodily harm; the Crown disproved self-defence because the accused's actions were not for the purpose of protecting himself and were objectively unreasonable, therefore the accused is guilty of aggravated assault.

Court Disposition

Convicted: guilty of aggravated assault

Orders

  • Accused found guilty of aggravated assault (s.268(1) Criminal Code)