R. v. Parr

R. v. Parr

The accused was not identified reliably as the person who ejected the complainant; credible evidence established he only assisted in restraining the complainant on the street after others had detained him, and he acted pursuant to a reasonable belief he was assisting a lawful arrest; given the complainant's vigorous resistance and agitation the force used to restrain him was necessary and measured, therefore the accused is not guilty of assault causing bodily harm.

Citation
2007 NSPC 24
Parties
Crown: Her Majesty the Queen; Accused: Shane Parr
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 May 2007
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Trial Judgment (verdict)
Outcome
Acquitted (Not guilty)
Legal Topics
Assault Causing Bodily Harm, Private Citizen Arrest, Reasonable Use of Force, Identification Evidence
Source Language
English
Criminal Law Evidence Use of Force/private Security Assault Causing Bodily Harm Private Citizen Arrest Reasonable Use of Force Identification Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Shane Parr

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Trial Judgment (verdict)

Legal Issues

  1. 1 Extent of the accused's involvement in the use of force against the complainant
  2. 2 Whether any force used by the accused was reasonable and justified
  3. 3 Reliability of identification evidence placing the accused as the initial aggressor

Ratio Decidendi

The accused was not identified reliably as the person who ejected the complainant; credible evidence established he only assisted in restraining the complainant on the street after others had detained him, and he acted pursuant to a reasonable belief he was assisting a lawful arrest; given the complainant's vigorous resistance and agitation the force used to restrain him was necessary and measured, therefore the accused is not guilty of assault causing bodily harm.

Court Disposition

Acquitted (Not guilty)

Orders

  • Accused found not guilty of assault causing bodily harm contrary to s.267(b) of the Criminal Code.