R. v. Tag-El-Din

R. v. Tag-El-Din

The trial judge found the accused inflicted significant injuries by delivering three successive blows to the complainant's head, and on the totality of the evidence including the accused's statement 'I'll drop you cold' concluded beyond a reasonable doubt that the accused intended to cause bodily harm, thereby vitiating consent and establishing the mens rea for assault causing bodily harm under s.267(b).

Citation
2015 NSPC 74
Parties
Crown: Her Majesty the Queen; Defendant: Latef Reakwon Tag-El-Din
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 October 2015
Procedural Posture
Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Trial Decision (conviction)
Outcome
Convicted of assault causing bodily harm contrary to s.267(b) Criminal Code
Legal Topics
Assault Causing Bodily Harm, Consent Vitiation, Mens Rea / Intent, Use of Weapon (brass Knuckles), Evidentiary Assessment
Source Language
English
Criminal Law Assault Causing Bodily Harm Consent Vitiation Mens Rea / Intent Use of Weapon (brass Knuckles) Evidentiary Assessment

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Parties

Her Majesty the Queen

Crown

Latef Reakwon Tag-El-Din

Defendant

Procedural Posture

Criminal Assault Causing Bodily Harm (s.267(b) Criminal Code) / Trial Decision (conviction)

Legal Issues

  1. 1 Whether the accused caused bodily harm to the complainant
  2. 2 Whether the complainant's consent to fight vitiated criminal liability
  3. 3 Whether the Crown proved beyond a reasonable doubt that the accused intended to cause bodily harm

Ratio Decidendi

The trial judge found the accused inflicted significant injuries by delivering three successive blows to the complainant's head, and on the totality of the evidence including the accused's statement 'I'll drop you cold' concluded beyond a reasonable doubt that the accused intended to cause bodily harm, thereby vitiating consent and establishing the mens rea for assault causing bodily harm under s.267(b).

Court Disposition

Convicted of assault causing bodily harm contrary to s.267(b) Criminal Code

Orders

  • Conviction entered on the charge of assault causing bodily harm contrary to s.267(b) Criminal Code