R. v. Lee (J.H.), 2003 ABPC 115

• Judge: Semenuk, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: August 06, 2003
• Citations: 2003 ABPC 115;(2003), 336 A.R. 189 (PC)

R. v. Lee (J.H.) (2003), 336 A.R. 189 (PC)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. AU.101

Her Majesty the Queen v. Jin Hyoung Lee

(030116305P101001; 2003 ABPC 115)

Indexed As: R. v. Lee (J.H.)

Alberta Provincial Court

Semenuk, P.C.J.

August 6, 2003.

Summary:

The accused was charged with assault.

The Alberta Provincial Court acquitted the accused.

Criminal Law - Topic 234

General principles - Statutory defences - Defence of property - The accused was working in his father's convenience store -He thought that Watkins was stealing - The accused asked Watkins to leave the store - He claimed that Watkins ignored him - The accused grabbed Watkins by the arm and shoulder and pushed him out the front glass doors of the store - Once outside the store, he pushed Watkins a second time - The Alberta Provincial Court acquitted the accused of assault, holding that he could rely on the defence of property (Criminal Code, s. 41(1)) - The court held that the accused honestly believed that Watkins had stolen something in the store, therefore, Watkins' presence in the store was for an unlawful purpose and he was a "trespasser" within the meaning of s. 41 - The court had a reasonable doubt on the issue of whether unreasonable force was used - Objectively viewed the second push outside the store to get Watkins entirely off the property was not unreasonable.

Criminal Law - Topic 1428

Assaults - Expulsion of trespassers - [See Criminal Law - Topic 234 ].

Cases Noticed:

Browne v. Dunn (1893), 6 R. 67 (H.L.), refd to. [para. 13].

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, refd to. [para. 15].

R. v. Born With A Tooth (M.) (1992), 131 A.R. 193; 25 W.A.C. 193; 76 C.C.C.(3d) 169 (C.A.), refd to. [para. 20].

Counsel:

G. Coomb, for the Crown;

I. Jetha, for the accused.

This matter was heard by Semenuk, P.C.J., of the Alberta Provincial Court, who delivered the following decision at Okotoks, Alberta, on August 6, 2003.