R. v. Rent
Given the trial judge's findings that the appellant was attacked and acted in self-defence, and because the Crown failed to prove the dangerous purpose (the judge erred by appearing to place the burden on the accused), the conviction could not stand; the appeal is allowed and an acquittal entered.
Source-derived case information.
- Citation
- C30398
- Parties
- Respondent: Her Majesty the Queen; Appellant: Glen Andrew Rent
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 October 1999
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal for Ontario)
- Outcome
- Appeal allowed; conviction set aside; acquittal entered.
- Legal Topics
- Self Defence, Carrying a Weapon, Public Peace, Burden of Proof, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Glen Andrew Rent
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal for Ontario)
Legal Issues
- 1 Whether the Crown proved that the knife was a weapon carried for a purpose dangerous to the public peace
- 2 Whether the trial judge improperly placed an onus on the accused to prove a lawful excuse
- 3 Whether the appellant acted in self-defence given acquittal on related assault charge
Ratio Decidendi
Given the trial judge's findings that the appellant was attacked and acted in self-defence, and because the Crown failed to prove the dangerous purpose (the judge erred by appearing to place the burden on the accused), the conviction could not stand; the appeal is allowed and an acquittal entered.
Court Disposition
Appeal allowed; conviction set aside; acquittal entered.
Orders
- Appeal allowed
- Conviction set aside
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Rent Collection Decisions of the Court of Appeal Date 1999-10-07 Docket numbers C30398 Judges Brooke, John Watson; Rosenberg, Marc; Feldman, Kathryn N. Subject Criminal Decision Content DATE: 19991007 DOCKET: C30398 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. GLEN ANDREW RENT (Appellant) BEFORE: BROOKE, ROSENBERG and FELDMAN JJ.A. COUNSEL: Glen Andrew Rent, the appellant, in person Christine Tier, for the respondent HEARD: September 27, 1999 On appeal from his conviction by Her Honour Judge Morneau on June 7, 1998 ENDORSEMENT [1] The appellant was convicted of carrying a weapon for a purpose dangerous to the public peace. He was acquitted on charges of causing a disturbance and assault with a weapon, arising out of the same incident. The trial judge must therefore have found that Mr. Vanstone was the aggressor and on this record, the only reasonable interpretation of her findings is that the appellant, who was on his own property, acted in self- defence in response to a sudden attack by Mr. Vanstone. [2] In light of these findings and in the circumstances of this case, the charge of carrying a weapon for a purpose dangerous to the public peace was not made out. The trial judge erred in appearing to place an onus on the appellant to prove that he had a lawful excuse for carrying the knife. To the contrary, the onus was on the Crown to prove that the knife was a weapon and to prove the dangerous purpose. In our view, particularly in light of the acquittal on the assault charge, that purpose was not made out. The appellant has now served the sentence imposed for this offence. [3] Accordingly, the appeal is allowed, the conviction set aside, and an acquittal entered. (signed) "John W. Brooke J.A." (signed) "M. Rosenberg J.A." (signed) "K. Feldman J.A."