R. v. Moulton

R. v. Moulton

On the evidence the property damage was not wilful because the act was not deliberate or volitional; the utterance 'I will kill somebody' objectively constituted a threat to the paramedics in the circumstances and supports conviction under s.264.1(1)(a); the application of force by the paramedics was not legally...

Source-derived case information.

Citation
2011 NSPC 48
Parties
Crown: Her Majesty the Queen; Defendant: Wayne Moulton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 July 2011
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on threats (s.264.1(1)(a)); acquitted on property damage (s.430(4)) and assault (s.266)
Legal Topics
Wilful Damage, Threats to Cause Bodily Harm, Assault, Self Defence, Mens Rea, Objective Test
Source Language
english
Criminal Law Property Damage Threats Assault Self Defence Evidence Wilful Damage Threats to Cause Bodily Harm +2 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Wayne Moulton

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused wilfully damaged property under s.430(4)
  2. 2 Whether the accused's utterance constituted a threat under s.264.1(1)(a)
  3. 3 Whether the accused's biting of a paramedic was lawful self-defence against an unlawful application of force (s.266)

Ratio Decidendi

On the evidence the property damage was not wilful because the act was not deliberate or volitional; the utterance 'I will kill somebody' objectively constituted a threat to the paramedics in the circumstances and supports conviction under s.264.1(1)(a); the application of force by the paramedics was not legally justified and the accused reasonably used force in self-defence, warranting acquittal on the assault charge.

Court Disposition

Convicted on threats (s.264.1(1)(a)); acquitted on property damage (s.430(4)) and assault (s.266)

Orders

  • Acquittal entered on count under s.430(4) (property damage)
  • Conviction entered on count under s.264.1(1)(a) (threats to cause bodily harm)