Digest: R v Borowski, 2018 SKPC 49

• Date: August 18, 2019

Reported as: 2018 SKPC 49

Docket Number: PC17134 , 90140245

Court: Provincial Court

Date: 2019-08-18

Judges:

• Marquette

Subjects:

• Criminal Law � Assault � Assault Causing Bodily Harm

Digest: The accused was charged with assault causing bodily harm contrary to s. 267(b) of the Criminal Code. The accused and the victim had both served as councilors for the local municipality and had had a strained relationship. The victim testified that on the day of the alleged offence the accused had driven into his farm yard. After the victim asked him why he was there, the accused replied that he had heard the victim had been saying bad things about him. The accused then punched the victim in the face twice and again on the side of the head and neck as he fell to his knees. The accused left the property and the victim called his wife and asked her to call the police. He also called a neighbour and asked him to come to his aid. The neighbour and the officer both testified that the victim�s face was bruised and bloody and he appeared shaken. Photographs of the injuries were submitted into evidence. During cross-examination by the defence counsel, the victim denied that he had initiated the altercation. The victim testified that he sustained a laceration to his cheek, bruising and swelling to his eye. He said that he had problems sleeping and couldn�t concentrate after the alleged attack. The accused did not testify. He called as his witnesses, one of his neighbours and two RCMP officers but none of them provided any evidence regarding the allegation.
HELD: The accused was found guilty. The court believed the uncontroverted evidence of the victim. His testimony was corroborated by the photographs taken by the officer and his neighbour. It found that the assault had caused bodily harm to the victim because his injuries fell within the definition under s. 2 of the Code.

Federal Statutes Considered:

• Charter of Rights, s 24(1)
• Criminal Code, RSC 1985, c C-46, s 2
• Criminal Code, RSC 1985, c...