R. v. Byrne

R. v. Byrne

On the accepted facts the complainant unlawfully attacked the accused, the accused did not provoke the assault, used no more force than necessary and lacked intent to cause grievous bodily harm; therefore the defence of self-defence under s.34(1) Criminal Code applies and the accused is acquitted.

Citation
2003 NSPC 32
Parties
Crown: R.; Accused: Daniel Douglas Byrne; Complainant: Douglas Lowther
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 June 2003
Procedural Posture
Criminal — Assault Causing Bodily Harm / Decision (acquittal Entered)
Outcome
Acquittal — Not guilty; acquittal entered on the record
Legal Topics
Assault, Bodily Harm, Self Defence (s.34 Criminal Code), Provocation (s.36 Criminal Code), Credibility Assessment
Source Language
English
Criminal Law Evidence Self Defence Assault Bodily Harm Self Defence (s.34 Criminal Code) Provocation (s.36 Criminal Code) Credibility Assessment

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Parties

R.

Crown

Daniel Douglas Byrne

Accused

Douglas Lowther

Complainant

Procedural Posture

Criminal — Assault Causing Bodily Harm / Decision (acquittal Entered)

Legal Issues

  1. 1 Whether the accused committed assault causing bodily harm
  2. 2 Whether the accused provoked the attack
  3. 3 Whether the accused’s actions meet the requirements of self-defence under s.34(1) Criminal Code

Ratio Decidendi

On the accepted facts the complainant unlawfully attacked the accused, the accused did not provoke the assault, used no more force than necessary and lacked intent to cause grievous bodily harm; therefore the defence of self-defence under s.34(1) Criminal Code applies and the accused is acquitted.

Court Disposition

Acquittal — Not guilty; acquittal entered on the record

Orders

  • Acquittal entered for Daniel Douglas Byrne; accused discharged