R. v. Breen

R. v. Breen

Because the Crown failed to adduce legally admissible evidence establishing the identity and non‑consent of the alleged recipients of force, the evidence did not meet the threshold necessary for a reasonable jury to convict on assault; a directed verdict of acquittal was therefore required.

Citation
2001 NSPC 17
Parties
Crown: Her Majesty the Queen; Accused: Sean Kelly Breen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 June 2001
Procedural Posture
Criminal Assault (criminal Code S.266(b)) / Motion for Directed Verdict at Close of Crown's Case
Outcome
Motion for directed verdict granted; charges dismissed; accused acquitted; trial terminated
Legal Topics
Assault, Directed Verdict, Sufficiency of Evidence, Consent, Identity of Victim, Burden of Proof
Source Language
English
Criminal Law Assault Directed Verdict Sufficiency of Evidence Consent Identity of Victim Burden of Proof

Case Brief

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Parties

Her Majesty the Queen

Crown

Sean Kelly Breen

Accused

Procedural Posture

Criminal Assault (criminal Code S.266(b)) / Motion for Directed Verdict at Close of Crown's Case

Legal Issues

  1. 1 Whether the Crown adduced sufficient legally admissible evidence to put the accused to his defence
  2. 2 Whether the identity and lack of consent of the alleged victims were established
  3. 3 Whether the judge may perform limited weighing of evidence on a motion for directed verdict

Ratio Decidendi

Because the Crown failed to adduce legally admissible evidence establishing the identity and non‑consent of the alleged recipients of force, the evidence did not meet the threshold necessary for a reasonable jury to convict on assault; a directed verdict of acquittal was therefore required.

Court Disposition

Motion for directed verdict granted; charges dismissed; accused acquitted; trial terminated

Orders

  • Directed verdict granted
  • Charges against Sean Kelly Breen dismissed