R. v. MacNeil

R. v. MacNeil

The Crown proved all elements of aggravated assault and public disturbance and proved the identity of the assailant beyond a reasonable doubt based on the credible and reliable eyewitness identifications of Derek and Coleen Parker, supported by contemporaneous video placing the accused at the scene and his flight; the video alone was inconclusive but did not undermine the Parkers' reliable identifications; under Kienapple the assault-with-weapon charge was stayed because it overlapped with the aggravated assault conviction.

Citation
2013 NSPC 66
Parties
Crown: Her Majesty The Queen; Accused: Ashton Thomas MacNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 April 2013
Procedural Posture
Criminal / Provincial Court Judgment (finding of Guilt)
Outcome
Assessed guilty on aggravated assault (s.268(1)), guilty of causing a disturbance (s.175(1)(a)(i)), convictions entered on three s.145(3) breaches; assault with a weapon (s.267(a)) stayed under Kienapple.
Legal Topics
Assault, Assault With a Weapon, Aggravated Assault, Public Disturbance, Identification Evidence, Kienapple Principle, Breach of Recognizance
Source Language
English
Criminal Law Assault Assault With a Weapon Aggravated Assault Public Disturbance Identification Evidence Kienapple Principle Breach of Recognizance

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Parties

Her Majesty The Queen

Crown

Ashton Thomas MacNeil

Accused

Procedural Posture

Criminal / Provincial Court Judgment (finding of Guilt)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that Ashton MacNeil struck Jason Snyder with a glass (identity issue)
  2. 2 Whether elements of assault with a weapon, aggravated assault and causing a disturbance were made out
  3. 3 Whether Kienapple bars concurrent convictions for overlapping offences

Ratio Decidendi

The Crown proved all elements of aggravated assault and public disturbance and proved the identity of the assailant beyond a reasonable doubt based on the credible and reliable eyewitness identifications of Derek and Coleen Parker, supported by contemporaneous video placing the accused at the scene and his flight; the video alone was inconclusive but did not undermine the Parkers' reliable identifications; under Kienapple the assault-with-weapon charge was stayed because it overlapped with the aggravated assault conviction.

Court Disposition

Assessed guilty on aggravated assault (s.268(1)), guilty of causing a disturbance (s.175(1)(a)(i)), convictions entered on three s.145(3) breaches; assault with a weapon (s.267(a)) stayed under Kienapple.

Orders

  • Stay entered on charge under s.267(a) (assault with a weapon) pursuant to Kienapple
  • Conviction entered for aggravated assault contrary to s.268(1) of the Criminal Code