R. v. Ryan

R. v. Ryan

The Crown failed to prove beyond a reasonable doubt that either accused entered the dwelling or was a party to the break and enter or that Custin Ryan lacked a reasonable belief that force had been used against his father; evidence established Wayne Lewis struck Thomas Ryan with a baseball bat, altering dynamics and supporting a defence of another by Custin; accordingly Custin acquitted of the charged offences and Thomas acquitted of break and enter and assault but convicted of uttering threats based on the bar incident where the court accepted that Thomas threatened Lewis and pushed him.

Citation
2018 BCSC 717
Parties
Prosecution: Regina; Accused: Brandon Christopher McLean; Accused: Custin Lawrence Ryan; Accused: Thomas Michael Ryan; Accused: Kevin Gary Spencer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 April 2018
Procedural Posture
Criminal Assault Causing Bodily Harm; Break and Enter; Uttering Threats / Trial Judgment (oral Reasons) Following Crown Case; Verdicts Rendered; Crown Entered Stay on Some Counts at Close of Case
Outcome
Mixed verdict: Custin Lawrence Ryan acquitted of Counts 1 and 2 (break and enter, assault) and acquitted of Count 4; Thomas Michael Ryan acquitted of Counts 1 and 2 and convicted of Count 4 (uttering threats); Counts 3 and 5 stayed by Crown.
Legal Topics
Assault Causing Bodily Harm, Break and Enter, Uttering Threats, Self‑defence (s.34), Party Liability (aiding and Abetting), Credibility and Intoxication
Source Language
English
Criminal Law Evidence Assault Causing Bodily Harm Break and Enter Uttering Threats Self‑defence (s.34) Party Liability (aiding and Abetting) Credibility and Intoxication

Case Brief

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Parties

Regina

Prosecution

Brandon Christopher McLean

Accused

Custin Lawrence Ryan

Accused

Thomas Michael Ryan

Accused

Kevin Gary Spencer

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm; Break and Enter; Uttering Threats / Trial Judgment (oral Reasons) Following Crown Case; Verdicts Rendered; Crown Entered Stay on Some Counts at Close of Case

Legal Issues

  1. 1 Whether accused committed break and enter or were parties to it
  2. 2 Whether accused committed assault causing bodily harm or were parties to it
  3. 3 Whether Thomas Ryan uttered threats to Wayne Lewis

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that either accused entered the dwelling or was a party to the break and enter or that Custin Ryan lacked a reasonable belief that force had been used against his father; evidence established Wayne Lewis struck Thomas Ryan with a baseball bat, altering dynamics and supporting a defence of another by Custin; accordingly Custin acquitted of the charged offences and Thomas acquitted of break and enter and assault but convicted of uttering threats based on the bar incident where the court accepted that Thomas threatened Lewis and pushed him.

Court Disposition

Mixed verdict: Custin Lawrence Ryan acquitted of Counts 1 and 2 (break and enter, assault) and acquitted of Count 4; Thomas Michael Ryan acquitted of Counts 1 and 2 and convicted of Count 4 (uttering threats); Counts 3 and 5 stayed by Crown.

Orders

  • Stay of proceedings entered with respect to Counts 3 and 5 relating to complainant Derek MacLean
  • Custin Lawrence Ryan: Not guilty on Counts 1 and 2 (break and enter and assault causing bodily harm)