R. v. Donovan

R. v. Donovan

The trial judge accepted the eyewitness account of Ian Stewart as credible and consistent with other evidence and found beyond a reasonable doubt that the accused applied force to the complainant (an open‑hand strike to the head) constituting assault; the accused's account as justification under s.37(1) was not accepted as sufficiently credible or proportionate to the threat, so the defence did not succeed.

Citation
2012 NSPC 126
Parties
Crown: Her Majesty the Queen; Defence/accused: Donald Bernard Donovan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 December 2012
Procedural Posture
Criminal / Trial Judgment (conviction)
Outcome
Guilty
Legal Topics
Assault, Defence of a Third Party (s.37 Criminal Code), Credibility Assessment, Use of Force in Care Settings
Source Language
English
Criminal Law Health/long‑term Care Regulation Evidence Assault Defence of a Third Party (s.37 Criminal Code) Credibility Assessment Use of Force in Care Settings

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Parties

Her Majesty the Queen

Crown

Donald Bernard Donovan

Defence/accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

  1. 1 Did the accused commit an assault on Paulette Nicholson?
  2. 2 If not, was the conduct justified under s.37(1) Criminal Code as defence of a third party and was any use of force proportionate?

Ratio Decidendi

The trial judge accepted the eyewitness account of Ian Stewart as credible and consistent with other evidence and found beyond a reasonable doubt that the accused applied force to the complainant (an open‑hand strike to the head) constituting assault; the accused's account as justification under s.37(1) was not accepted as sufficiently credible or proportionate to the threat, so the defence did not succeed.

Court Disposition

Guilty

Orders

  • Convicted of assault contrary to s.266(b) Criminal Code of Canada (judgment dated February 13, 2013)