R. v. Nickerson
The accused was acquitted because the Crown failed to prove beyond a reasonable doubt that the accused's blows caused the complainant's nasal fracture; moreover the accused could not invoke ss.34 or 35 because he provoked the assault and his belief of imminent grievous bodily harm was not objectively reasonable.
- Citation
- 2002 NSPC 4
- Parties
- Crown: Her Majesty the Queen; Accused: Craig Nickerson; Complainant: Brent Andrews
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 1 March 2002
- Procedural Posture
- Criminal / Trial Judgment (acquittal)
- Outcome
- Not guilty (acquittal)
- Legal Topics
- Assault, Self Defence, Provocation, Consent, Causation, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Craig Nickerson
Accused
Brent Andrews
Complainant
Procedural Posture
Criminal / Trial Judgment (acquittal)
Legal Issues
- 1 Whether self-defence under Criminal Code ss.34 or 35 applied
- 2 Whether the accused provoked the assault
- 3 Whether Crown proved causation of bodily harm beyond a reasonable doubt
Ratio Decidendi
The accused was acquitted because the Crown failed to prove beyond a reasonable doubt that the accused's blows caused the complainant's nasal fracture; moreover the accused could not invoke ss.34 or 35 because he provoked the assault and his belief of imminent grievous bodily harm was not objectively reasonable.
Court Disposition
Not guilty (acquittal)
Orders
- Acquittal entered on the record.
Full Case Text
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