R. v. Marsman

R. v. Marsman

The Crown failed to prove beyond a reasonable doubt that the accused committed an unlawful assault or causally created a public disturbance: evidence supports that the accused acted in self-defence/engaged in a consensual fight and that the disturbance pre‑existed and continued independently of his involvement, therefore acquittal is required.

Citation
2004 NSPC 17
Parties
Prosecution: R.; Defendant: Robin Leslie Marsman
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 February 2004
Procedural Posture
Criminal: Common Assault and Causing a Disturbance / Trial Decision (acquittal)
Outcome
Acquitted of common assault and of causing a disturbance; not guilty on both charges.
Legal Topics
Self Defence, Common Assault, Public Order: Causing a Disturbance (s.175 Criminal Code), Consent to Fight, Credibility Assessment
Source Language
English
Criminal Law Evidence Self Defence Common Assault Public Order: Causing a Disturbance (s.175 Criminal Code) Consent to Fight Credibility Assessment

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Parties

R.

Prosecution

Robin Leslie Marsman

Defendant

Procedural Posture

Criminal: Common Assault and Causing a Disturbance / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the accused acted in self-defence or intentionally used force against the complainant (common assault)
  2. 2 Whether the accused unlawfully caused a disturbance in a public place contrary to s.175 of the Criminal Code

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused committed an unlawful assault or causally created a public disturbance: evidence supports that the accused acted in self-defence/engaged in a consensual fight and that the disturbance pre‑existed and continued independently of his involvement, therefore acquittal is required.

Court Disposition

Acquitted of common assault and of causing a disturbance; not guilty on both charges.

Orders

  • Acquittal entered on the record for common assault (case no. 1198177) and causing a disturbance (case no. 1198178)