R. v. Leveille
The accused's deployment and repeated use of a three‑foot metal ASP baton against a significantly smaller unarmed woman was excessive and not proportionate to the perceived threat; therefore the defences under s.34 and s.37 failed and a conviction under s.267(a) was warranted.
- Citation
- 2009 NSPC 20
- Parties
- Prosecution: Her Majesty the Queen; Defendant: Ryan Benjamin Leveille
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 29 April 2009
- Procedural Posture
- Criminal / Trial Conviction
- Outcome
- Convicted under s.267(a) Criminal Code
- Legal Topics
- Assault With a Weapon, Self Defence, Proportionality of Force, Citizen's Arrest
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Prosecution
Ryan Benjamin Leveille
Defendant
Procedural Posture
Criminal / Trial Conviction
Legal Issues
- 1 Whether the accused's use of force with an ASP baton was justified under s.34(1) and s.37(1) of the Criminal Code
- 2 Whether the force used was no more than necessary and proportionate to the threat
- 3 Whether the accused provoked the assault or was acting in defence of another
Ratio Decidendi
The accused's deployment and repeated use of a three‑foot metal ASP baton against a significantly smaller unarmed woman was excessive and not proportionate to the perceived threat; therefore the defences under s.34 and s.37 failed and a conviction under s.267(a) was warranted.
Court Disposition
Convicted under s.267(a) Criminal Code
Orders
- Conviction entered under s.267(a) of the Criminal Code
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