R. v. Forrest

R. v. Forrest

The judge accepted the credible and corroborated evidence of Crown witnesses (Crystal Hatcher and Jolene Gillard), the 911 call and documentary exhibits, rejected defence witnesses where inconsistent, and concluded the Crown proved beyond a reasonable doubt that David Angus Forrest was a party to the home invasion (break and enter and theft), committed an assault on Greg Forrest, and breached his undertaking by failing to keep the peace.

Citation
2018 NSPC 51
Parties
Crown: Her Majesty the Queen; Defendant: David Angus Forrest
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 July 2018
Procedural Posture
Criminal Indictment / Trial Judge Decision After Judge Alone Trial
Outcome
Guilty on all counts
Legal Topics
Break and Enter, Theft, Assault, Breach of Undertaking, Party Liability (s.21 Criminal Code), Credibility of Witnesses, Home Invasion
Source Language
English
Criminal Law Evidence Break and Enter Theft Assault Breach of Undertaking Party Liability (s.21 Criminal Code) Credibility of Witnesses +1 more

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Parties

Her Majesty the Queen

Crown

David Angus Forrest

Defendant

Procedural Posture

Criminal Indictment / Trial Judge Decision After Judge Alone Trial

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused participated as a party to the home invasion (break and enter and theft)
  2. 2 Whether the Crown proved beyond a reasonable doubt that the accused assaulted Greg Forrest (s.266(b) Criminal Code)
  3. 3 Whether the accused breached his undertaking by failing to keep the peace and be of good behaviour (s.145(5.1) Criminal Code)

Ratio Decidendi

The judge accepted the credible and corroborated evidence of Crown witnesses (Crystal Hatcher and Jolene Gillard), the 911 call and documentary exhibits, rejected defence witnesses where inconsistent, and concluded the Crown proved beyond a reasonable doubt that David Angus Forrest was a party to the home invasion (break and enter and theft), committed an assault on Greg Forrest, and breached his undertaking by failing to keep the peace.

Court Disposition

Guilty on all counts

Orders

  • Convicted of break and enter and indictable theft contrary to Criminal Code s.348(1)(b)
  • Convicted as a party of assault contrary to Criminal Code s.266(b)