R. v. MacNeil

R. v. MacNeil

The Crown disproved self-defence beyond a reasonable doubt because even if the accused sincerely believed he faced assault, that belief was not reasonable on the evidence; accordingly the accused is guilty of aggravated assault of Myketyn and guilty of an unlawful assault on Clarke, with the endangerment-of-life limb of aggravated assault against Clarke not made out and the wounding question reserved for further decision.

Citation
2012 NSPC 105
Parties
Crown: Her Majesty The Queen; Accused: Ashton Thomas MacNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 November 2012
Procedural Posture
Criminal / Trial Decision
Outcome
Accused convicted of aggravated assault of Brett Myketyn; unlawful assault of Jonathan Clarke proven but not established as aggravated by endangerment of life; decision reserved on whether Clarke was 'wounded'; acquitted of disturbance charge under s.175(1)(a)(i).
Legal Topics
Self Defence, Aggravated Assault, Wounding, Burden of Proof, Disturbance (s.175)
Source Language
English
Criminal Law Evidence Self Defence Aggravated Assault Wounding Burden of Proof Disturbance (s.175)

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Parties

Her Majesty The Queen

Crown

Ashton Thomas MacNeil

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether accused acted in lawful self-defence under s.34(1) of the Criminal Code
  2. 2 Whether injuries to Jonathan Clarke constitute 'wounding' for aggravated assault
  3. 3 Whether injuries to Brett Myketyn constitute aggravated assault

Ratio Decidendi

The Crown disproved self-defence beyond a reasonable doubt because even if the accused sincerely believed he faced assault, that belief was not reasonable on the evidence; accordingly the accused is guilty of aggravated assault of Myketyn and guilty of an unlawful assault on Clarke, with the endangerment-of-life limb of aggravated assault against Clarke not made out and the wounding question reserved for further decision.

Court Disposition

Accused convicted of aggravated assault of Brett Myketyn; unlawful assault of Jonathan Clarke proven but not established as aggravated by endangerment of life; decision reserved on whether Clarke was 'wounded'; acquitted of disturbance charge under s.175(1)(a)(i).

Orders

  • Find accused guilty of aggravated assault of Brett Myketyn
  • Find accused guilty of unlawful assault of Jonathan Clarke but reserve decision on whether injuries constitute wounding for aggravated assault