R. v. Bergstrom

R. v. Bergstrom

The court convicted Bergstrom because the Crown proved beyond a reasonable doubt that Cst. Maynard was acting in the execution of his duty and that Bergstrom, identified by an officer who focused on him repeatedly, delivered the punch causing bodily harm; the court acquitted Henry because the Crown failed to prove objectively that there was a disturbance or reasonable grounds for an arrest for an apprehended breach of the peace, and failed to prove that any force by Henry was intentional and unreasonable.

Citation
2007 BCSC 1990
Parties
Crown: Regina; Accused: Lawrence Dean Bergstrom; Accused: Patrick Royce Henry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 March 2007
Procedural Posture
Criminal / Trial Judgment (oral Reasons for Judgment)
Outcome
Bergstrom convicted on both counts (assault and assault of an officer in execution of duty); Henry acquitted of the assault charge.
Legal Topics
Assault Causing Bodily Harm, Execution of Duty, Apprehended Breach of the Peace, Lawful Arrest, Eyewitness Identification Reliability, Use of Force (taser/pepper Spray/baton)
Source Language
English
Criminal Law Police Powers Evidence Regulatory Law Assault Causing Bodily Harm Execution of Duty Apprehended Breach of the Peace Lawful Arrest +2 more

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Parties

Regina

Crown

Lawrence Dean Bergstrom

Accused

Patrick Royce Henry

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Was Cst. Maynard engaged in the execution of his duty when assaulted?
  2. 2 Did Lawrence Bergstrom commit the assault on Cst. Maynard causing bodily harm?
  3. 3 Was Cst. Pelley engaged in the execution of his duty when alleged assault by Patrick Henry occurred?

Ratio Decidendi

The court convicted Bergstrom because the Crown proved beyond a reasonable doubt that Cst. Maynard was acting in the execution of his duty and that Bergstrom, identified by an officer who focused on him repeatedly, delivered the punch causing bodily harm; the court acquitted Henry because the Crown failed to prove objectively that there was a disturbance or reasonable grounds for an arrest for an apprehended breach of the peace, and failed to prove that any force by Henry was intentional and unreasonable.

Court Disposition

Bergstrom convicted on both counts (assault and assault of an officer in execution of duty); Henry acquitted of the assault charge.

Orders

  • Finding: Lawrence Dean Bergstrom guilty of assault causing bodily harm and assault of an officer in the execution of his duty.
  • Finding: Patrick Royce Henry not proven guilty beyond a reasonable doubt and acquitted.