R. v. Turner

R. v. Turner

Because the Crown did not disprove an element of the s.35 defence beyond a reasonable doubt, and on the evidence the accused was in peaceable possession, reasonably believed the complainant was about to steal his property, acted to prevent the taking, and used only a minimal, reasonable tap, the defence of property applied and the Crown failed to prove assault beyond a reasonable doubt; accused acquitted.

Citation
2024 NSPC 3
Parties
Crown: His Majesty the King; Defendant: Thomas Charles Turner
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 January 2024
Procedural Posture
Criminal Assault (summary) / Trial Judgment (provincial Court)
Outcome
Acquitted — charge not proven beyond a reasonable doubt
Legal Topics
Assault, Defence of Property, Credibility Assessment, Air of Reality Test, Standard of Proof
Source Language
English
Criminal Law Evidence Property Rights Assault Defence of Property Credibility Assessment Air of Reality Test Standard of Proof

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 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

His Majesty the King

Crown

Thomas Charles Turner

Defendant

Procedural Posture

Criminal Assault (summary) / Trial Judgment (provincial Court)

Legal Issues

  1. 1 Nature of the touching (tap versus grab)
  2. 2 Whether defence of property under s.35 Criminal Code has an air of reality
  3. 3 Whether accused believed on reasonable grounds property was about to be taken

Ratio Decidendi

Because the Crown did not disprove an element of the s.35 defence beyond a reasonable doubt, and on the evidence the accused was in peaceable possession, reasonably believed the complainant was about to steal his property, acted to prevent the taking, and used only a minimal, reasonable tap, the defence of property applied and the Crown failed to prove assault beyond a reasonable doubt; accused acquitted.

Court Disposition

Acquitted — charge not proven beyond a reasonable doubt

Orders

  • Accused acquitted of assault contrary to s.266 Criminal Code; judgment accordingly.