R. v. MacDonald

R. v. MacDonald

Court accepted complainant’s account and photographic and police evidence that the accused pulled and dragged her from his van without consent; although the property defence was put in play, the accused used more force than necessary to evict the trespasser, so the Crown proved beyond a reasonable doubt that the accused did not act in defence of dwelling-house and was guilty of assault contrary to s.266(b).

Citation
2009 NSPC 30
Parties
Crown: Her Majesty the Queen; Accused: John Nelson MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 July 2009
Procedural Posture
Criminal Assault (s.266(b) Criminal Code) / Trial Judgment
Outcome
Guilty
Legal Topics
Assault, Defence of Property, Dwelling House, Credibility Assessment, Reasonable Doubt, Section 266(b) Criminal Code, Section 41(1) Criminal Code, Section 265(1)(a) Criminal Code
Source Language
English
Criminal Law Property Law Evidence Assault Defence of Property Dwelling House Credibility Assessment Reasonable Doubt +3 more

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Parties

Her Majesty the Queen

Crown

John Nelson MacDonald

Accused

Procedural Posture

Criminal Assault (s.266(b) Criminal Code) / Trial Judgment

Legal Issues

  1. 1 Did the accused intentionally apply force without consent (assault)?
  2. 2 Was the defence of dwelling-house/real property (s.41(1)) available?
  3. 3 Was the van a dwelling-house and was the accused in peaceable possession?

Ratio Decidendi

Court accepted complainant’s account and photographic and police evidence that the accused pulled and dragged her from his van without consent; although the property defence was put in play, the accused used more force than necessary to evict the trespasser, so the Crown proved beyond a reasonable doubt that the accused did not act in defence of dwelling-house and was guilty of assault contrary to s.266(b).

Court Disposition

Guilty

Orders

  • Found guilty of assault contrary to section 266(b) of the Criminal Code of Canada