R. v. P.M.

R. v. P.M.

On the accepted evidence (mother, older son, aunt and text messages) the court was satisfied beyond a reasonable doubt that the accused, standing in the place of a parent, applied force to the child that exceeded what was reasonable under s.43 on or about August 12, 2019 causing extensive bruising, and separately used a wooden spoon on or about September 27, 2019 creating a risk of bodily harm; therefore the accused committed assault contrary to s.266 Criminal Code.

Citation
2021 NSPC 11
Parties
Crown: Her Majesty the Queen; Accused: P.D.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 February 2021
Procedural Posture
Criminal Assault (s.266 Criminal Code) / Trial Decision (guilty Verdict)
Outcome
Accused found guilty of assault contrary to s.266 Criminal Code
Legal Topics
Assault, Justification Under S.43 (reasonable Corrective Force), Credibility and Reliability of Witnesses, Circumstantial Evidence, Standard of Proof (beyond a Reasonable Doubt)
Source Language
English
Criminal Law Child Protection Evidence Family Law Assault Justification Under S.43 (reasonable Corrective Force) Credibility and Reliability of Witnesses Circumstantial Evidence +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

P.D.M.

Accused

Procedural Posture

Criminal Assault (s.266 Criminal Code) / Trial Decision (guilty Verdict)

Legal Issues

  1. 1 Whether the accused unlawfully assaulted a three‑year‑old child
  2. 2 Whether the force used constituted reasonable corrective force under s.43 of the Criminal Code
  3. 3 Whether an object (wooden spoon/brush) was used to cause the bruising

Ratio Decidendi

On the accepted evidence (mother, older son, aunt and text messages) the court was satisfied beyond a reasonable doubt that the accused, standing in the place of a parent, applied force to the child that exceeded what was reasonable under s.43 on or about August 12, 2019 causing extensive bruising, and separately used a wooden spoon on or about September 27, 2019 creating a risk of bodily harm; therefore the accused committed assault contrary to s.266 Criminal Code.

Court Disposition

Accused found guilty of assault contrary to s.266 Criminal Code