R. v. Hinz (K.), (2000) 190 Sask.R. 297 (ProvCt)

• Judge: Bekolay, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 21, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 190 Sask.R. 297 (ProvCt)

R. v. Hinz (K.) (2000), 190 Sask.R. 297 (ProvCt)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. FE.019

Her Majesty the Queen v. Ken Hinz

(Information No. 40150972)

Indexed As: R. v. Hinz (K.)

Saskatchewan Provincial Court

Prince Albert

Bekolay, P.C.J.

January 21, 2000.

Summary:

During his son's hockey game, the accused heard some fans loudly cheering "kill num­ber 57", which was his son's number. The accused leapt over several rows of seats and assaulted Brown, one of the fans. Other spectators joined the scuffle, and the result­ing "pile-up" caused bodily harm to Brown. The accused was charged with assault caus­ing bod­ily harm. The main issue at trial was whether the accused's assault "caused" the bodily harm.

The Saskatchewan Provincial Court found the accused guilty as charged.

Civil Rights - Topic 3161.5

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Causation - De minimis test - During his son's hockey game, the accused heard some fans cheer­ing "kill number 57", which was his son's number - The accused assaulted Brown, one of the fans - Other spectators joined the scuffle, and the resulting "pile-up" caused bodily harm to Brown - The ac­cused was charged with assault causing bodily harm - The main issue at trial was whether the accused's assault "caused" the bodily harm - The Saskatchewan Pro­vin­cial Court ruled that the accused's actions were more than an insig­nificant or trivial cause of the bodily harm, and he was therefore guilty as charged - See para­graphs 10 to 26.

Criminal Law - Topic 1417

Offences against person and reputation - Assaults - Assault causing bodily harm - [See Civil Rights - Topic 3161.5 ].

Cases Noticed:

R. v. Smithers (1978), 15 N.R. 287; 34 C.C.C.(2d) 427 (S.C.C.), refd to. [para. 12].

R. v. Pinske (1988), 30 B.C.L.R.(2d) 114 (C.A.), affd. [1989] 2 S.C.R. 979; 100 N.R. 399, refd to. [para. 13].

R. v. Cribbin (J.) (1994), 69 O.A.C. 366; 89 C.C.C.(3d) 67 (C.A.), refd to. [para. 14].

R. v. Brooks (1988), 41 C.C.C.(3d) 157 (B.C.C.A.), refd to. [para. 16].

R. v. Samuelson (E.) (1991), 120 N.B.R.(2d) 124; 302 A.P.R. 124 (T.D.), refd to. [para. 18].

R. v. Swenson (R.D.) (1994), 123 Sask.R. 106; 74 W.A.C. 106; 91 C.C.C.(3d) 541 (C.A.), refd to. [para. 22].

R. v. Nurse (D.W.) et al. (1993), 61 O.A.C. 128; 83 C.C.C.(3d) 546 (C.A.), refd to. [para. 22].

Counsel:

J. Morrall, for the Crown;

Defendant present without counsel.

This matter was heard by Bekolay, P.C.J., of the Saskatchewan Provincial Court, Prince Albert, who delivered the following decision on January 21, 2000.