R. v. Lake
The judge accepted the complainant's and independent eyewitnesses' evidence as credible and corroborative, found that despite minor inconsistencies the Crown proved the elements of assault beyond a reasonable doubt, and therefore convicted the accused of assault.
- Citation
- 2005 NSPC 60
- Parties
- Crown: Her Majesty the Queen; Defendant: Paul Eldon Lake
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 1 March 2005
- Procedural Posture
- Criminal Assault (s.266(a) Criminal Code) / Trial Judgment (guilty)
- Outcome
- Guilty of assault contrary to s.266(a) Criminal Code
- Legal Topics
- Assault, Burden of Proof, Witness Credibility, Corroboration, Domestic Relationship
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Paul Eldon Lake
Defendant
Procedural Posture
Criminal Assault (s.266(a) Criminal Code) / Trial Judgment (guilty)
Legal Issues
- 1 Whether the accused committed assault contrary to s.266(a) CC
- 2 Whether the Crown proved the essential elements beyond a reasonable doubt
- 3 Credibility and reliability of the complainant and independent eyewitnesses
Ratio Decidendi
The judge accepted the complainant's and independent eyewitnesses' evidence as credible and corroborative, found that despite minor inconsistencies the Crown proved the elements of assault beyond a reasonable doubt, and therefore convicted the accused of assault.
Court Disposition
Guilty of assault contrary to s.266(a) Criminal Code
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