R. v. Lee

R. v. Lee

Judge found youths committed mischief by shining a laser into the apartment but the accused honestly believed he had identified the perpetrators and effected a citizen's arrest under s.494; his use of force was no more than necessary and therefore justified under s.25(1)(a); the judge rejected that the sword was placed to the complainant's throat or that statutory threats were uttered; Crown failed to prove assault with a weapon or uttering threats beyond a reasonable doubt, and the accused was acquitted.

Citation
2003 NSPC 26
Parties
Crown: R.; Accused: Sung Lee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 June 2003
Procedural Posture
Criminal / Trial Decision/acquittal
Outcome
Acquittal — accused found not guilty of assault with a weapon and uttering threats; acquitted.
Legal Topics
Citizen's Arrest, Use of Force, Mischief, Assault With a Weapon, Uttering Threats, Self Defence, Trespass, Credibility of Witnesses, Statutory Defences
Source Language
English
Criminal Law Property Law Citizen's Arrest Use of Force Mischief Assault With a Weapon Uttering Threats Self Defence +3 more

Case Brief

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Parties

R.

Crown

Sung Lee

Accused

Procedural Posture

Criminal / Trial Decision/acquittal

Legal Issues

  1. 1 Whether the accused unlawfully assaulted the complainant with a weapon
  2. 2 Whether the accused uttered threats to cause death or bodily harm
  3. 3 Whether the accused was justified by citizen's arrest under s.494 and use of force under s.25(1)(a)

Ratio Decidendi

Judge found youths committed mischief by shining a laser into the apartment but the accused honestly believed he had identified the perpetrators and effected a citizen's arrest under s.494; his use of force was no more than necessary and therefore justified under s.25(1)(a); the judge rejected that the sword was placed to the complainant's throat or that statutory threats were uttered; Crown failed to prove assault with a weapon or uttering threats beyond a reasonable doubt, and the accused was acquitted.

Court Disposition

Acquittal — accused found not guilty of assault with a weapon and uttering threats; acquitted.

Orders

  • Accused found not guilty and acquitted on the record.