R. v. Breen

R. v. Breen

The judge rejected the defendant's version, accepted the complainant's and child witness evidence and the physical evidence (hole in gyproc), and concluded the Crown proved beyond a reasonable doubt that the defendant assaulted Jean Weare by pushing her through the bedroom wall and causing her to fall in the hall; however, there was reasonable doubt as to intent regarding Megan Weare and the defendant was acquitted on that charge.

Citation
2003 NSPC 16
Parties
Crown: Her Majesty the Queen; Defendant: Brian Douglas Breen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 April 2003
Procedural Posture
Criminal Assault / Trial Judgment
Outcome
Defendant found guilty of assaulting Jean Weare; defendant found not guilty of assaulting Megan Weare.
Legal Topics
Assault, Domestic Violence, Credibility of Witnesses, Burden of Proof, Use of Force, Physical Evidence
Source Language
English
Criminal Law Family/household Violence Assault Domestic Violence Credibility of Witnesses Burden of Proof Use of Force Physical Evidence

Case Brief

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Parties

Her Majesty the Queen

Crown

Brian Douglas Breen

Defendant

Procedural Posture

Criminal Assault / Trial Judgment

Legal Issues

  1. 1 Whether the defendant committed assault against Jean Weare
  2. 2 Whether the defendant committed assault against Megan Weare
  3. 3 Whether the Crown proved the elements of assault beyond a reasonable doubt

Ratio Decidendi

The judge rejected the defendant's version, accepted the complainant's and child witness evidence and the physical evidence (hole in gyproc), and concluded the Crown proved beyond a reasonable doubt that the defendant assaulted Jean Weare by pushing her through the bedroom wall and causing her to fall in the hall; however, there was reasonable doubt as to intent regarding Megan Weare and the defendant was acquitted on that charge.

Court Disposition

Defendant found guilty of assaulting Jean Weare; defendant found not guilty of assaulting Megan Weare.