R. v. Dunphy

R. v. Dunphy

The court acquitted on dangerous driving and property damage because the collisions were accidental and the Crown failed to prove the requisite manner of driving and mens rea beyond a reasonable doubt; the court convicted of assault with a weapon because the evidence established beyond a reasonable doubt that the accused intentionally used a key to stab the complainant and the defence of others was negatived beyond a reasonable doubt.

Citation
2013 NSPC 2
Parties
Crown: Her Majesty the Queen; Accused: Nicole Louise Dunphy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 January 2013
Procedural Posture
Criminal / Trial — Verdict
Outcome
Acquitted of dangerous driving and property damage; convicted of assault with a weapon
Legal Topics
Assault With a Weapon, Dangerous Driving, Property Damage, Defence of Others, Actus Reus and Mens Rea, Standard of Proof
Source Language
English
Criminal Law Child Welfare Assault With a Weapon Dangerous Driving Property Damage Defence of Others Actus Reus and Mens Rea Standard of Proof

Case Brief

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Parties

Her Majesty the Queen

Crown

Nicole Louise Dunphy

Accused

Procedural Posture

Criminal / Trial — Verdict

Legal Issues

  1. 1 Whether prosecution proved dangerous driving (s.249(1)(a)) beyond a reasonable doubt
  2. 2 Whether prosecution proved property damage (s.430(4)) with requisite mens rea
  3. 3 Whether prosecution proved assault with a weapon (para.267(a)) beyond a reasonable doubt

Ratio Decidendi

The court acquitted on dangerous driving and property damage because the collisions were accidental and the Crown failed to prove the requisite manner of driving and mens rea beyond a reasonable doubt; the court convicted of assault with a weapon because the evidence established beyond a reasonable doubt that the accused intentionally used a key to stab the complainant and the defence of others was negatived beyond a reasonable doubt.

Court Disposition

Acquitted of dangerous driving and property damage; convicted of assault with a weapon

Orders

  • Not guilty — Dangerous driving (s.249(1)(a)), case number 2398106
  • Not guilty — Damage to property (s.430(4)), case number 2398108