R. v. Cantwell

R. v. Cantwell

The court accepted Ms. Marsden's direct and consistent eyewitness evidence over the accused's inconsistent testimony, found beyond a reasonable doubt that the accused participated in kicking the victim and, alternatively, that his words ('Don't fuck with us') were intended to deter intervention and thereby aided the assault, and accordingly convicted the accused of assault causing bodily harm (s.267(b)) and as a party under s.21(1)(b).

Citation
2016 BCSC 541
Parties
Crown: Regina; Accused: Nathan Isaac Cantwell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 January 2016
Procedural Posture
Criminal Assault Causing Bodily Harm / Trial (oral Reasons for Judgment)
Outcome
Guilty
Legal Topics
Assault Causing Bodily Harm, Aiding and Abetting (s.21(1)(b)), Witness Credibility/eyewitness Reliability, Standard of Proof (beyond Reasonable Doubt), Application of R. V. W.(d.)
Source Language
English
Criminal Law Assault Causing Bodily Harm Aiding and Abetting (s.21(1)(b)) Witness Credibility/eyewitness Reliability Standard of Proof (beyond Reasonable Doubt) Application of R. V. W.(d.)

Case Brief

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Parties

Regina

Crown

Nathan Isaac Cantwell

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Trial (oral Reasons for Judgment)

Legal Issues

  1. 1 Did the accused participate in the assault on the complainant?
  2. 2 Did the accused aid or encourage the primary assailant such that he is a party under s.21(1)(b) Criminal Code?
  3. 3 Which witnesses are credible and reliable?

Ratio Decidendi

The court accepted Ms. Marsden's direct and consistent eyewitness evidence over the accused's inconsistent testimony, found beyond a reasonable doubt that the accused participated in kicking the victim and, alternatively, that his words ('Don't fuck with us') were intended to deter intervention and thereby aided the assault, and accordingly convicted the accused of assault causing bodily harm (s.267(b)) and as a party under s.21(1)(b).

Court Disposition

Guilty

Orders

  • Convicted of assault causing bodily harm contrary to s.267(b) of the Criminal Code
  • Found to have aided and abetted the assault pursuant to s.21(1)(b) of the Criminal Code