R. v. Clark

R. v. Clark

Judge accepted the accused's version that he intentionally touched the complainant in an attempted reconciliation but rejected the complainant's allegations of hair-pulling and throwing to the ground; the touching was intentional yet innocuous, lacked potential to cause serious bodily harm, and the complainant's testimony had credibility problems, therefore the de minimis doctrine applied and the accused was not guilty of assault.

Citation
2003 NSPC 30
Parties
Prosecution: R.; Accused/defendant: Christopher Clark; Complainant: Elaine Tulk
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 July 2003
Procedural Posture
Criminal Assault / Trial Decision (verdict)
Outcome
Not guilty
Legal Topics
Assault, De Minimis Doctrine, Credibility Assessment, Consent/implied Consent
Source Language
English
Criminal Law Domestic Relations/family Violence Assault De Minimis Doctrine Credibility Assessment Consent/implied Consent

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Parties

R.

Prosecution

Christopher Clark

Accused/defendant

Elaine Tulk

Complainant

Procedural Posture

Criminal Assault / Trial Decision (verdict)

Legal Issues

  1. 1 Whether the accused committed an assault by intentionally applying force without consent
  2. 2 Whether the de minimis doctrine applies to excuse the touching
  3. 3 Whether the touching had the potential to cause serious bodily harm

Ratio Decidendi

Judge accepted the accused's version that he intentionally touched the complainant in an attempted reconciliation but rejected the complainant's allegations of hair-pulling and throwing to the ground; the touching was intentional yet innocuous, lacked potential to cause serious bodily harm, and the complainant's testimony had credibility problems, therefore the de minimis doctrine applied and the accused was not guilty of assault.

Court Disposition

Not guilty

Orders

  • Accused Christopher Clark found not guilty of assault
  • No criminal sanctions imposed