R. v. Lake

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Paul Eldon Lake

Defendant

Procedural Posture

Criminal Assault (s.266(a) Criminal Code) / Trial Judgment (guilty)

  1. 1 Whether the accused committed assault contrary to s.266(a) CC
  2. 2 Whether the Crown proved the essential elements beyond a reasonable doubt
  3. 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