Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

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.

 

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