R. v. B.E.N., (2000) 190 Sask.R. 109 (ProvCt)

• Judge: Whelan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 12, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 190 Sask.R. 109 (ProvCt)

R. v. B.E.N. (2000), 190 Sask.R. 109 (ProvCt)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. FE.014

Her Majesty the Queen v. B.E.N.

(Information No. 44958109)

Indexed As: R. v. B.E.N.

Saskatchewan Provincial Court

Judicial Centre of Saskatoon

Whelan, P.C.J.

January 12, 2000.

Summary:

W.R. pushed and kicked B.E.N., a young person, and then went to his vehicle to get a weapon. B.E.N. stabbed W.R. in the chest before he could reach his weapon. B.E.N. then ran away. At his trial for aggravated assault, B.E.N. pleaded self-defence.

The Saskatchewan Provincial Court found that B.E.N. had acted in self-defence.

Criminal Law - Topic 239

General principles - Statutory defences or exceptions - Self-defence - [See Crimi­nal Law - Topic 1420 ].

Criminal Law - Topic 1420

Offences against person and reputation - Assaults - Defence - Self-defence - The complainant (W.R.) pushed and kicked B.E.N., a young person - B.E.N. began digging in his pocket for a small knife, and W.R. went to his vehicle to get a weapon -B.E.N. stabbed W.R. in the chest before he could reach his weapon - B.E.N. then ran away - At his trial for aggravated assault, B.E.N. pleaded self-defence - The Saskatchewan Provincial Court found that B.E.N. had acted in self-defence under s. 34(2) of the Criminal Code - See para­graphs 17 to 32.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397, consd. [para. 19].

R. v. McKenzie (P.N.) (1996), 141 Sask.R. 221; 114 W.A.C 221; 106 C.C.C.(3d) 1 (C.A.), consd. [para. 19].

R. v. Lavallee, [1990] 1 S.C.R. 852; 108 N.R. 321; 67 Man.R.(2d) 1; 55 C.C.C.(3d) 97, refd to. [para. 26].

R. v. Malott (M.A.) (1998), 222 N.R. 4; 106 O.A.C. 132; 121 C.C.C.(3d) 456 (S.C.C.), refd to. [para. 26].

R. v. Kandola (J.S.) (1993), 27 B.C.A.C. 226; 45 W.A.C. 226; 80 C.C.C.(3d) 481 (C.A.), refd to. [para. 29].

R. v. Deegan (1979), 49 C.C.C.(2d) 417; 17 A.R. 187 (C.A.), refd to. [para. 29].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 34(2) [para. 18].

Authors and Works Noticed:

Then, Edward, Self-defence (July 1998), generally [para. 20].

Evans, Christopher D., Q.C., Filling the Gap: s. 37 of the Criminal Code (July 1998), generally [para. 20].

Counsel:

B. Bauer, for the Crown;

K. Healey, for the accused.

This matter was heard by Whelan, P.C.J., of the Saskatchewan Provincial Court, Judi­cial Centre of Saskatoon, who delivered the following decision on January 12, 2000.