R. v. Angstadt (R.), [2015] A.R. TBEd. SE.040

JudgeGates, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateSeptember 02, 2015
Citations[2015] A.R. TBEd. SE.040;2016 ABQB 547

R. v. Angstadt (R.), [2015] A.R. TBEd. SE.040

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. SE.040

Her Majesty the Queen v. Robert Angstadt, David Hrycyk and Marc Deiller

(130764367Q1; 2016 ABQB 547)

Indexed As: R. v. Angstadt (R.) et al.

Alberta Court of Queen's Bench

Judicial District of Medicine Hat

Gates, J.

September 2, 2015.

Summary:

Three police officers arrived at a bar following a 911 call respecting a man hitting a woman. Halcro, identified as the perpetrator, was arrested after refusing to go outside to talk with the officer, then resisted being handcuffed. Surveillance cameras showed Halcro being kneed in various places (including his head), punched and manhandled. Halcro complained of pain and troubling breathing. Over the next several days, he received medical treatment and eventually had surgery to repair a ruptured bladder. The three officers were charged with aggravated assault by endangering Halcro's life (Criminal Code, s. 268(1)).

The Alberta Court of Queen's Bench found one officer (Angstadt) not guilty of aggravated assault, but guilty of the included offence of assault. The remaining two officers were acquitted. The court had a reasonable doubt as to whether the police actions caused Halcro's bladder injury. The Crown had called no expert medical evidence to establish causation. The evidence did not clearly link the bladder injury to the physical contact with the police. There were reasonable alternative causes of the injury. The police had reasonable grounds to arrest Halcro. When Halcro resisted being handcuffed, the police were entitled under s. 25(1) to use reasonable force to overcome his resistance. One of the officers (Angstadt) used excessive force at one point in the struggle (aggressive take-down causing a fractured rib). Halcro was clearly agitated, but offered only modest passive resistance rather than acting aggressively. Halcro was unarmed and made no attempt to strike Angstadt.

Criminal Law - Topic 1413

Offences against person and reputation - Assaults - Simple assault - What constitutes - See paragraphs 38 to 145.

Criminal Law - Topic 4459.1

Procedure - Verdicts - Included offences - Inclusion in aggravated assault - See paragraphs 38 to 145.

Criminal Law - Topic 1415

Offences against person and reputation - Assaults - Aggravated assault - See paragraphs 38 to 145.

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds -

Police - Topic 3104

Powers - Investigation - Power to use force - See paragraphs 38 to 145.

Counsel:

Phontini Papdatou, for Crown;

William Dewit, for Robert Angstadt;

Don MacLeod, for David Hrycyk;

Alain Hepner, Q.C., for Marc Seiller.

This matter was heard on June 8-12 and 15-19, 2015, before Gates, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on September 2, 2015.

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5 practice notes
  • Ryan v. Wamboldt,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 28, 2022
    ...The Facility Association lastly points to Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, where Groves was killed while attempting to stop a carjacking by Cardinal. Grove’s family brought an action against their SEF44 Family Protection Endorsement insurer, Wawanesa. The S......
  • Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.
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    • JD Supra Canada
    • January 18, 2017
    ...with respect to a vehicle owned by the insured due to an ambiguity in the Endorsement. Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, per Sanderman, J. I. FACTS AND ISSUES During a vehicle heist the owner of the vehicle (the Deceased) attempted to stop the thief (Cardinal) but ......
  • Defence & Indemnity – December 2016
    • Canada
    • Mondaq Canada
    • January 17, 2017
    ...with respect to a vehicle owned by the insured due to an ambiguity in the Endorsement. Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, per Sanderman, J. Read More B. A vehicle owned by the insured or spouse, if insured, may be an "uninsured automobile" when taken without consent......
  • Cardinal v Alberta Motor Association Insurance Company, 2017 ABQB 487
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 2, 2017
    ...provisions, definitions and exclusions of the policy shall have full force and effect. In Poulin v Wawanesa Mutual Insurance Company, 2016 ABQB 547, 44 Alta LR (6th) 374, Sanderman J. stated: 8 The S.E.F. 44 is not part of the basic coverage. It is marketed by the insurer as extra protectio......
  • Request a trial to view additional results
3 cases
  • Ryan v. Wamboldt,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 28, 2022
    ...The Facility Association lastly points to Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, where Groves was killed while attempting to stop a carjacking by Cardinal. Grove’s family brought an action against their SEF44 Family Protection Endorsement insurer, Wawanesa. The S......
  • Cardinal v Alberta Motor Association Insurance Company, 2017 ABQB 487
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 2, 2017
    ...provisions, definitions and exclusions of the policy shall have full force and effect. In Poulin v Wawanesa Mutual Insurance Company, 2016 ABQB 547, 44 Alta LR (6th) 374, Sanderman J. stated: 8 The S.E.F. 44 is not part of the basic coverage. It is marketed by the insurer as extra protectio......
  • Poulin et al. v. Wawanesa Mutual Insurance Co., 2016 ABQB 547
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 17, 2016
    ...for 1. Harley Reuel Poulin, 2. Harmony Lynn Joy Groves (plaintiffs) v. Wawanesa Mutual Insurance Company (defendant) (1503 01776; 2016 ABQB 547) Indexed As: Poulin et al. v. Wawanesa Mutual Insurance Co. Temp. Cite: [2016] A.R. TBEd. OC.063 Alberta Court of Queen's Bench Judicial Distr......
2 firm's commentaries
  • Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.
    • Canada
    • JD Supra Canada
    • January 18, 2017
    ...with respect to a vehicle owned by the insured due to an ambiguity in the Endorsement. Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, per Sanderman, J. I. FACTS AND ISSUES During a vehicle heist the owner of the vehicle (the Deceased) attempted to stop the thief (Cardinal) but ......
  • Defence & Indemnity – December 2016
    • Canada
    • Mondaq Canada
    • January 17, 2017
    ...with respect to a vehicle owned by the insured due to an ambiguity in the Endorsement. Poulin v. Wawanesa Mutual Insurance Company, 2016 ABQB 547, per Sanderman, J. Read More B. A vehicle owned by the insured or spouse, if insured, may be an "uninsured automobile" when taken without consent......

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