R. v. MacNeil

R. v. MacNeil

The Crown did not prove beyond a reasonable doubt that Clarke's injuries constituted a 'wound' under s.268(1) because the record did not establish permanent or long‑lasting damage or dysfunction; therefore the accused is not guilty of aggravated assault by wounding but is guilty of the included offence of assault causing bodily harm.

Citation
2012 NSPC 106
Parties
Crown: Her Majesty The Queen; Defendant: Ashton Thomas MacNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 December 2012
Procedural Posture
Criminal Aggravated Assault / Trial Decision
Outcome
Accused found not guilty of aggravated assault (wounding) and guilty of the included offence of assault causing bodily harm.
Legal Topics
Aggravated Assault, Assault Causing Bodily Harm, Wounding, Statutory Interpretation
Source Language
English
Criminal Law Personal Injury Aggravated Assault Assault Causing Bodily Harm Wounding Statutory Interpretation

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Parties

Her Majesty The Queen

Crown

Ashton Thomas MacNeil

Defendant

Procedural Posture

Criminal Aggravated Assault / Trial Decision

Legal Issues

  1. 1 Whether the injuries to Jonathan Clarke constituted a "wound" under s.268(1) of the Criminal Code
  2. 2 Whether the accused is guilty of aggravated assault or the included offence of assault causing bodily harm
  3. 3 Whether permanence or long‑lasting effect is required to distinguish "wounding" from serious bodily harm

Ratio Decidendi

The Crown did not prove beyond a reasonable doubt that Clarke's injuries constituted a 'wound' under s.268(1) because the record did not establish permanent or long‑lasting damage or dysfunction; therefore the accused is not guilty of aggravated assault by wounding but is guilty of the included offence of assault causing bodily harm.

Court Disposition

Accused found not guilty of aggravated assault (wounding) and guilty of the included offence of assault causing bodily harm.

Orders

  • Accused acquitted of aggravated assault; convicted of assault causing bodily harm.