R. v. Hamm

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

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Parties

Her Majesty the Queen

Crown

Victor Fred Hamm

Accused

Procedural Posture

Criminal / Trial Decision (conviction)

  1. 1 Whether the accused committed assault
  2. 2 Whether the accused uttered threats causing fear
  3. 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