R. v. Labrador

R. v. Labrador

The Crown failed to disprove self-defence beyond a reasonable doubt because the assault was unprovoked, the defendant did not intend to cause death or grievous bodily harm, and the force used was not unreasonable in the circumstances, including the defendant's fear and limited perceived options.

Citation
2006 NSPC 28
Parties
Crown: R.; Defendant: David Jeffrey Labrador
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 June 2006
Procedural Posture
Criminal: Assault (aggravated Assault; Assault With a Weapon) / Provincial Court Trial Judgment (acquittal)
Outcome
Acquitted on both counts
Legal Topics
Self Defence, Assault, Use of Force, Provincial Court Procedure
Source Language
English
Criminal Law Self Defence Assault Use of Force Provincial Court Procedure

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Parties

R.

Crown

David Jeffrey Labrador

Defendant

Procedural Posture

Criminal: Assault (aggravated Assault; Assault With a Weapon) / Provincial Court Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether self-defence under s.34(1) of the Criminal Code was available to the defendant
  2. 2 Whether the force used was intended to cause death or grievous bodily harm
  3. 3 Whether the force used was no more than necessary

Ratio Decidendi

The Crown failed to disprove self-defence beyond a reasonable doubt because the assault was unprovoked, the defendant did not intend to cause death or grievous bodily harm, and the force used was not unreasonable in the circumstances, including the defendant's fear and limited perceived options.

Court Disposition

Acquitted on both counts

Orders

  • Acquittal on charges of aggravated assault (s.268) and assault with a weapon (s.267(a) of the Criminal Code)