R. v. Girton

R. v. Girton

The trial judge's explicit finding that the complainant had as much right to be in the joint residence negated the essential element that she was a trespasser under s.41; further, the accused's asserted belief was a mistake of law about entitlement to eject and mistake of law does not provide a defence to a charge of assault, therefore the conviction for common assault must stand.

Citation
2003 BCSC 1494
Parties
Crown/respondent: Regina; Accused/appellant: Keith Ferrol Girton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Summary Conviction Appeal / Appeal Judgment
Outcome
Appeal dismissed; conviction for common assault upheld
Legal Topics
Common Assault, Trespass, Defence of Property, Mistake of Law Vs Mistake of Fact, Section 41 Criminal Code
Source Language
English
Criminal Law Property Law Common Assault Trespass Defence of Property Mistake of Law Vs Mistake of Fact Section 41 Criminal Code

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Parties

Regina

Crown/respondent

Keith Ferrol Girton

Accused/appellant

Procedural Posture

Summary Conviction Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the complainant was a trespasser for the purposes of s.41 Criminal Code
  2. 2 Whether an honest but mistaken belief about entitlement to eject a person from premises is a defence under s.41
  3. 3 Whether the accused's belief was a mistake of fact or a mistake of law

Ratio Decidendi

The trial judge's explicit finding that the complainant had as much right to be in the joint residence negated the essential element that she was a trespasser under s.41; further, the accused's asserted belief was a mistake of law about entitlement to eject and mistake of law does not provide a defence to a charge of assault, therefore the conviction for common assault must stand.

Court Disposition

Appeal dismissed; conviction for common assault upheld

Orders

  • Appeal dismissed
  • Conviction for common assault upheld