R. v. Ross

R. v. Ross

The trial judge accepted the complainant's evidence and parts of the Good Samaritan's evidence, rejected the accused's account as not credible, found the accused intentionally (or recklessly) applied a downward push to the complainant causing her fall, and held that neither accident nor self‑defence had an air of reality sufficient to raise reasonable doubt; thus the Crown proved assault beyond a reasonable doubt.

Citation
2019 NSPC 78
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Andrew Ross
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 December 2019
Procedural Posture
Criminal (assault) / Trial — Judgment (conviction)
Outcome
Guilty (convicted of assault)
Legal Topics
Assault, Credibility Assessment, Accident Defence, Burden of Proof, W.d. Credibility Test
Source Language
English
Criminal Law Evidence Self Defence Domestic/family Violence Assault Credibility Assessment Accident Defence Burden of Proof +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Andrew Ross

Accused/defendant

Procedural Posture

Criminal (assault) / Trial — Judgment (conviction)

Legal Issues

  1. 1 Whether the touching was accidental
  2. 2 Whether self‑defence applied
  3. 3 Whether the Crown proved assault beyond a reasonable doubt

Ratio Decidendi

The trial judge accepted the complainant's evidence and parts of the Good Samaritan's evidence, rejected the accused's account as not credible, found the accused intentionally (or recklessly) applied a downward push to the complainant causing her fall, and held that neither accident nor self‑defence had an air of reality sufficient to raise reasonable doubt; thus the Crown proved assault beyond a reasonable doubt.

Court Disposition

Guilty (convicted of assault)

Orders

  • Convicted of assault contrary to section 266(b) of the Criminal Code
  • Sentencing to be scheduled