R. v. Nickerson

R. v. Nickerson

The trial judge accepted the accused's credible explanation that he acted out of fear, found corroboration in his immediate attempts to notify police and in witness evidence of the pedestrian's conduct, and concluded the Crown failed to prove beyond a reasonable doubt that the accused's driving amounted to a marked departure from the reasonable person standard or that he intended to assault; accordingly acquittal on all counts was required.

Citation
2003 NSPC 37
Parties
Crown: R.; Accused: James David Blaine Nickerson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 July 2003
Procedural Posture
Criminal / Trial Judgment (acquittal)
Outcome
Accused acquitted on all charges
Legal Topics
Dangerous Operation (s.249), Assault With a Weapon (s.267(a)), Failure to Stop at Scene (s.252), Credibility of Witnesses, Marked Departure Standard, Reasonable Doubt
Source Language
English
Criminal Law Motor Vehicle Offences Assault Evidence Dangerous Operation (s.249) Assault With a Weapon (s.267(a)) Failure to Stop at Scene (s.252) Credibility of Witnesses +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

R.

Crown

James David Blaine Nickerson

Accused

Procedural Posture

Criminal / Trial Judgment (acquittal)

Legal Issues

  1. 1 Credibility of the accused versus eyewitnesses
  2. 2 Whether failure to stop was to avoid liability
  3. 3 Whether conduct amounted to dangerous operation (marked departure from standard of care)

Ratio Decidendi

The trial judge accepted the accused's credible explanation that he acted out of fear, found corroboration in his immediate attempts to notify police and in witness evidence of the pedestrian's conduct, and concluded the Crown failed to prove beyond a reasonable doubt that the accused's driving amounted to a marked departure from the reasonable person standard or that he intended to assault; accordingly acquittal on all counts was required.

Court Disposition

Accused acquitted on all charges

Orders

  • Not guilty of dangerous operation contrary to s.249(1)(a)
  • Not guilty of assault with a weapon contrary to s.267(a)