R. v. Cyr

R. v. Cyr

The evidence did not establish that Guidrey was attempting to take the accused's clothes nor that the accused was taking them from her, so s.38 did not apply; the accused did not establish a colour of right so s.39 was inapplicable; and because the Crown failed to prove beyond a reasonable doubt that the accused struck Guidrey without consent, the accused was acquitted of assault and of the alleged breaches of probation/recognizance.

Citation
2008 NSPC 26
Parties
Crown: Her Majesty the Queen; Defendant: Corie aka Corey Cyr
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 May 2008
Procedural Posture
Criminal / Judgment (acquittal)
Outcome
Acquitted on all charges; acquittals entered on the record.
Legal Topics
Assault, Defence of Property (ss.38 39), Peaceable Possession, Breach of Recognizance/probation, Consent/mutual Combat, Public Peace
Source Language
English
Criminal Law Property Defence Procedural Law Assault Defence of Property (ss.38 39) Peaceable Possession Breach of Recognizance/probation Consent/mutual Combat +1 more

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Parties

Her Majesty the Queen

Crown

Corie aka Corey Cyr

Defendant

Procedural Posture

Criminal / Judgment (acquittal)

Legal Issues

  1. 1 Whether the accused can rely on defence of property under Criminal Code ss.38 and 39
  2. 2 Whether the Crown proved assault beyond a reasonable doubt
  3. 3 Whether breaches of recognizance/probation for failing to keep the peace are sustained where the substantive offence is not proved

Ratio Decidendi

The evidence did not establish that Guidrey was attempting to take the accused's clothes nor that the accused was taking them from her, so s.38 did not apply; the accused did not establish a colour of right so s.39 was inapplicable; and because the Crown failed to prove beyond a reasonable doubt that the accused struck Guidrey without consent, the accused was acquitted of assault and of the alleged breaches of probation/recognizance.

Court Disposition

Acquitted on all charges; acquittals entered on the record.

Orders

  • Acquitted of assault (Criminal Code s.266(b))
  • Acquitted of breaches of recognizance/probation (Criminal Code s.733.1(1)(a) x2; s.145(3))