R. v. Blake, (1988) 94 A.R. 312 (CA)

• Judge: Lieberman, McClung and Côté, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 08, 1988
• Citations: (1988), 94 A.R. 312 (CA)

R. v. Blake (1988), 94 A.R. 312 (CA)

MLB headnote and full text

Her Majesty The Queen (appellant) v. James Dixon Blake (respondent)

(Appeal No. 8703-0672-A)

Indexed As: R. v. Blake

Alberta Court of Appeal

Lieberman, McClung and Côté, JJ.A.

January 8, 1988.

Summary:

The Crown appealed the accused's acquittal on a charge of aggravated assault contrary to s. 245.2(1) of the Criminal Code.

The Alberta Court of Appeal allowed the appeal and ordered a new trial.

Criminal Law - Topic 1422

Assaults - Defences - Consent - The accused and complainant had a consensual fight - The complainant fell to the floor unconscious and the accused continued to beat him until others intervened - The trial judge acquitted the accused of aggravated assault on the ground that the complainant's consent was a defence - The Alberta Court of Appeal allowed the Crown's appeal from acquittal and ordered a new trial, because the trial judge failed to address whether or not the complainant's consent ceased when he became unconscious and whether the injuries occurred before or after consent ceased.

Cases Noticed:

R. v. Bergner (1987), 78 A.R. 331 (C.A.), refd to. [para. 3].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 245.2(1).

Counsel:

J. Watson, for the Crown;

M.H. Clancy, for the accused.

This appeal was heard on January 8, 1988, before Lieberman, McClung and Côté, JJ.A., of the Alberta Court of Appeal.

On January 8, 1988, Lieberman, J.A., delivered the following memorandum of judgment orally for the Court of Appeal.