R. v. Loonskin, (1990) 103 A.R. 193 (CA)

• Judge: Laycraft, C.J.A., Lieberman and McClung, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 15, 1990
• Citations: (1990), 103 A.R. 193 (CA)

R. v. Loonskin (1990), 103 A.R. 193 (CA)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Brian Philip Loonskin (appellant)

(Appeal No. 8903-0561-A1)

Indexed As: R. v. Loonskin

Alberta Court of Appeal

Laycraft, C.J.A., Lieberman and McClung, JJ.A.

January 15, 1990.

Summary:

The accused appealed his conviction for aggravated assault.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 1422

Assaults - Defence - Consent - The accused and complainant were involved in what the trial judge categorized as a consensual fist fight - The accused bit off the complainant's ear - The Alberta Court of Appeal affirmed a conviction for aggravated assault - The court stated that whatever consent was given did not extend to the infliction of injuries with teeth - When the accused attacked the complainant with his teeth, the consent ceased to be operative.

Cases Noticed:

R. v. Carriere (1987), 76 A.R. 151 (C.A.), refd to. [para. 4].

R. v. Bergner (1987), 78 A.R. 331 (C.A.), refd to. [para. 5].

Counsel:

P.C. Bourque, for the Crown;

B.G. Doherty, for the accused.

This appeal was heard on January 15, 1990, before Laycraft, C.J.A., Lieberman and McClung, JJ.A., of the Alberta Court of Appeal.

On January 15, 1990, the following memorandum of judgment was delivered from the Bench by the court: