Citation: R. v. J.E.S., 2009 NSSC 373
Date: 20091119
Docket: Hfx No. 312440A
Registry: Halifax
Between:
Her Majesty the Queen
Appellant
v.
J.E.S.
Young Person within the meaning of the
Youth Criminal Justice Act (Canada)
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: November 18, 2009, in Halifax
Written Decision: Oral decision transcribed, edited, and signed on December 7, 2009
Subject: Criminal Law, assault causing bodily harm, self-defence
Summary: A Youth Justice Court judge acquitted JES on the basis of self-defence. The Crown appealed on the grounds that self-defence lacked an air of reality, the judge failed to instruct herself on s. 34(2), and a finding that JES acted defensively was unsupported by evidence.
Issue: Whether any of these grounds are sustained.
Result: The evidence raised an air of reality for self-defence, the decision made it clear that the judge considered s. 34(2) and, on the evidence, that subsection was inapplicable in any case, and the limited circumstances for interfering with findings of fact did not arise.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.