R. v. Hamm
The court rejected the accused's account as not credible, accepted the complainant's testimony corroborated by the 911 call and injury photographs, and concluded the Crown proved beyond a reasonable doubt that the accused assaulted the complainant, uttered threats and pointed a shotgun at him without lawful excuse; accordingly the accused was convicted on all charges.
- Citation
- 2018 NSPC 17
- Parties
- Crown: Her Majesty the Queen; Accused: Victor Fred Hamm
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2018
- Procedural Posture
- Criminal / Trial Decision (conviction)
- Outcome
- Convicted of assault, uttering threats and pointing a firearm
- Legal Topics
- Assault, Uttering Threats, Pointing a Firearm, Credibility, Reasonable Doubt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Victor Fred Hamm
Accused
Procedural Posture
Criminal / Trial Decision (conviction)
Legal Issues
- 1 Whether the accused committed assault
- 2 Whether the accused uttered threats causing fear
- 3 Whether the accused pointed a firearm at the complainant without lawful excuse
Ratio Decidendi
The court rejected the accused's account as not credible, accepted the complainant's testimony corroborated by the 911 call and injury photographs, and concluded the Crown proved beyond a reasonable doubt that the accused assaulted the complainant, uttered threats and pointed a shotgun at him without lawful excuse; accordingly the accused was convicted on all charges.
Court Disposition
Convicted of assault, uttering threats and pointing a firearm
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