R. v. Boudreau

R. v. Boudreau

The court accepted the Crown's evidence that Herbert Boudreau struck Michael Ryan with a galvanized pipe and used excessive force beyond any lawful self-defence; Jeannette Doucet was unaware of the weapon and called 911 and therefore was not guilty; David Comeau did not share a criminal design and only struck once...

Source-derived case information.

Citation
2008 NSPC 69
Parties
Plaintiff: Her Majesty The Queen; Defendant: Herbert Boudreau; Defendant: David Comeau; Defendant: Jeannette Doucet
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 October 2008
Procedural Posture
Criminal (assault) / Trial Oral Decision / Verdict
Outcome
Herbert Boudreau: finding of guilt for using a galvanized pipe (s.267(a)) but charge stayed; David Comeau: acquitted (not guilty); Jeannette Doucet: acquitted (not guilty).
Legal Topics
Assault With Weapon, Excessive Force, Self Defence, Credibility and Impeachment, Kienapple Principle / Stay of Proceedings
Source Language
english
Criminal Law Evidence Property Dispute Assault With Weapon Excessive Force Self Defence Credibility and Impeachment Kienapple Principle / Stay of Proceedings

Source-derived case record

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 2 Party arguments 2
Sign in to unlock

Parties

Her Majesty The Queen

Plaintiff

Herbert Boudreau

Defendant

David Comeau

Defendant

Jeannette Doucet

Defendant

Procedural Posture

Criminal (assault) / Trial Oral Decision / Verdict

Legal Issues

  1. 1 Whether Herbert Boudreau used excessive force by striking Michael Ryan with a galvanized pipe contrary to s.267(a)/(b) of the Criminal Code
  2. 2 Whether David Comeau was a party to the assault or acted in defence of another
  3. 3 Whether Jeannette Doucet had knowledge of the weapon or participated in the offence

Ratio Decidendi

The court accepted the Crown's evidence that Herbert Boudreau struck Michael Ryan with a galvanized pipe and used excessive force beyond any lawful self-defence; Jeannette Doucet was unaware of the weapon and called 911 and therefore was not guilty; David Comeau did not share a criminal design and only struck once in defence of Boudreau and therefore was not guilty. A finding of guilt against Boudreau on the s.267(a) charge was made but a stay was entered in accordance with counsel's submissions regarding overlapping liability/Kienapple considerations.

Court Disposition

Herbert Boudreau: finding of guilt for using a galvanized pipe (s.267(a)) but charge stayed; David Comeau: acquitted (not guilty); Jeannette Doucet: acquitted (not guilty).

Orders

  • Finding of guilt entered against Herbert Boudreau on s.267(a) (use of a pipe)
  • Stay entered with respect to the s.267(a) charge against Herbert Boudreau