R. v. Ward
The Crown proved assault beyond a reasonable doubt because credible, independent police evidence corroborated the complainant's account that the accused grabbed her without consent, placed her in a headlock or similar hold and dragged her across the street; inconsistencies and alcohol‑affected memory did not negate the essential elements of the offence.
- Citation
- 2024 NSPC 8
- Parties
- Crown: His Majesty the King; Accused: Marcus Ward
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 30 January 2024
- Procedural Posture
- Criminal (assault) / Trial Judgment
- Outcome
- Convicted; conviction entered
- Legal Topics
- Assault, Consent, Burden of Proof, Witness Credibility, Police Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
His Majesty the King
Crown
Marcus Ward
Accused
Procedural Posture
Criminal (assault) / Trial Judgment
Legal Issues
- 1 Whether the Crown proved assault contrary to s.266 of the Criminal Code beyond a reasonable doubt
- 2 Whether the touching was non‑consensual
- 3 Assessment of credibility and reliability of the complainant versus the police officer
Ratio Decidendi
The Crown proved assault beyond a reasonable doubt because credible, independent police evidence corroborated the complainant's account that the accused grabbed her without consent, placed her in a headlock or similar hold and dragged her across the street; inconsistencies and alcohol‑affected memory did not negate the essential elements of the offence.
Court Disposition
Convicted; conviction entered
Orders
- Conviction entered on one count of assault contrary to s.266 of the Criminal Code of Canada
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