R. v. Murdock
The Crown failed to disprove the defence of consent and failed to prove beyond a reasonable doubt that the accused intended to cause bodily harm; credibility issues and contradictory/inconclusive evidence (including photos and lack of medical evidence) left reasonable doubt, requiring acquittal.
- Citation
- 2019 NSPC 15
- Parties
- Crown: Her Majesty the Queen; Accused: Brent Douglas Murdock
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 10 June 2019
- Procedural Posture
- Criminal / Trial Judgment (acquittal)
- Outcome
- Acquittal
- Legal Topics
- Assault, Consent (consensual Fight), Burden of Proof, Credibility, Reasonable Doubt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Brent Douglas Murdock
Accused
Procedural Posture
Criminal / Trial Judgment (acquittal)
Legal Issues
- 1 Whether the Crown proved beyond a reasonable doubt that the accused committed assault
- 2 Whether the altercation was a consensual fight vitiating criminal liability
- 3 Whether bodily harm was caused and whether any such harm was intended by the accused
Ratio Decidendi
The Crown failed to disprove the defence of consent and failed to prove beyond a reasonable doubt that the accused intended to cause bodily harm; credibility issues and contradictory/inconclusive evidence (including photos and lack of medical evidence) left reasonable doubt, requiring acquittal.
Court Disposition
Acquittal
Orders
- Accused Brent Douglas Murdock is acquitted of the charge of assault contrary to s.266 of the Criminal Code
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