R. v. Gerow

R. v. Gerow

Judge found beyond a reasonable doubt, based on reliable testimony of Aaron and Mrs. Nelmes and corroborating evidence, that the accused lifted the complainant onto the railing and pushed him off causing approximately an 11‑foot fall and serious injuries, and that the actions exceeded any reasonable claim of self‑defence, so the accused is guilty of assault causing bodily harm.

Citation
2020 BCSC 2258
Parties
Crown: Regina; Accused: Mitchell Alan Gerow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2020
Procedural Posture
Criminal Assault Causing Bodily Harm / Judgment Conviction
Outcome
Guilty of assault causing bodily harm (s.267(b) Criminal Code)
Legal Topics
Assault Causing Bodily Harm, Self‑defence (s.34 Criminal Code), Credibility and Intoxication, Causation
Source Language
English
Criminal Law Evidence Assault Causing Bodily Harm Self‑defence (s.34 Criminal Code) Credibility and Intoxication Causation

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Parties

Regina

Crown

Mitchell Alan Gerow

Accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Judgment Conviction

Legal Issues

  1. 1 Did the accused intentionally apply force causing bodily harm?
  2. 2 Was the accused's use of force legally justified under s.34 (self‑defence)?
  3. 3 Which witnesses are credible given intoxication?

Ratio Decidendi

Judge found beyond a reasonable doubt, based on reliable testimony of Aaron and Mrs. Nelmes and corroborating evidence, that the accused lifted the complainant onto the railing and pushed him off causing approximately an 11‑foot fall and serious injuries, and that the actions exceeded any reasonable claim of self‑defence, so the accused is guilty of assault causing bodily harm.

Court Disposition

Guilty of assault causing bodily harm (s.267(b) Criminal Code)

Orders

  • Guilty verdict on Count 1 (assault causing bodily harm); sentencing not stated in reasons