SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Swimm, 2010 NSSC 251
Date: 20100531
Docket: Yar No. 321396
Registry: Yarmouth
Between:
Her Majesty The Queen
Appellant
v.
Nelson Ronald Swimm
Respondent
LIBRARY HEADING
Judge: The Honourable Justice M. Heather Robertson
Heard: May 31, 2010, in Yarmouth, Nova Scotia
Decision: May 31, 2010 (Orally)
Written Release: June 28, 2010
Subject: Appeal from the acquittal of the respondent, for assault causing bodily harm s. 267(b) of the Criminal Code.
Summary: Two brothers “faced one another down” and engaged in a punching and wrestling match over insults thrown.
Issue: 1. Did the trial judge err in finding the fight consensual?
2. Did the trial judge err by making unreasonable findings that the respondent had not intended bodily harm to his brother?
Result: Th evidence was reasonably capable of supporting the trial judge’s findings on both issues. To interfere with his decision would be to erroneously substitute my interpretation of the facts. His finding of facts and law was reasonable and proper, when one considers the whole of the evidence.
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