R. v. Saye

R. v. Saye

The trial judge's credibility findings and factual conclusions were reasonable, the inconsistencies were minor and did not undermine the core findings, the reasons were sufficient for meaningful appellate review under Sheppard, and therefore the conviction for assault causing bodily harm was properly upheld.

Citation
2004 BCSC 974
Parties
Respondent: Regina; Appellant: Samuel Saye
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 July 2004
Procedural Posture
Criminal Assault Causing Bodily Harm / Appeal From Provincial Court to Supreme Court of British Columbia
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Assault Causing Bodily Harm, Credibility of Witnesses, Reasons for Judgment, Self Defence, Provocation, Consent to Fight
Source Language
English
Criminal Law Evidence Appeal Assault Causing Bodily Harm Credibility of Witnesses Reasons for Judgment Self Defence Provocation +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Samuel Saye

Appellant

Procedural Posture

Criminal Assault Causing Bodily Harm / Appeal From Provincial Court to Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the verdict was unreasonable in finding the complainant and witness credible
  2. 2 Whether the verdict was unreasonable in finding the appellant not credible
  3. 3 Whether there was physical contact between the parties prior to the incident

Ratio Decidendi

The trial judge's credibility findings and factual conclusions were reasonable, the inconsistencies were minor and did not undermine the core findings, the reasons were sufficient for meaningful appellate review under Sheppard, and therefore the conviction for assault causing bodily harm was properly upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed; conviction for assault causing bodily harm upheld.