R. v. Manning (J.C.), (2014) 345 Nfld. & P.E.I.R. 13 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 29, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 345 Nfld. & P.E.I.R. 13 (NLPC);2014 NLPC 0813

R. v. Manning (J.C.) (2014), 345 Nfld. & P.E.I.R. 13 (NLPC);

    1074 A.P.R. 13

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. JA.027

Her Majesty the Queen v. James Corwin Manning

(2014 NLPC 0813A00259)

Indexed As: R. v. Manning (J.C.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

January 29, 2014.

Summary:

The accused was charged with assault causing bodily harm for punching his common law spouse, breach of undertaking and breach of probation. He applied for judicial interim release.

The Newfoundland and Labrador Provincial Court, in a decision reported at (2013), 345 Nfld. & P.E.I.R. 10; 1074 A.P.R. 10, denied the application. The accused claimed that he struck his spouse in self-defence.

The Newfoundland and Labrador Provincial Court found that there was no valid claim to self-defence and convicted the accused.

Criminal Law - Topic 239

General principles - Statutory defences or exceptions - Self-defence - The accused and Moulton were in a common law relationship - During an argument at Moulton's apartment, Moulton slapped the accused across the face - The accused then punched Moulton in the face, causing a black eye and a laceration that required four stitches to close - The accused was charged with assault causing bodily harm, and a concomitant breach of probation and breach of undertaking - He claimed that he struck Moulton in self-defence - The Newfoundland and Labrador Provincial Court found that the Crown had met its onus of proving that the accused had not struck Moulton in self-defence - The accused had not struck Moulton because he was defending himself - On the contrary, he struck her in retaliation for having slapped his face - In so doing, he used unnecessary and disproportionate force - The accused was found guilty.

Criminal Law - Topic 1420

Offences against person and reputation - Assaults - Defence - Self-defence - [See Criminal Law - Topic 239 ].

Cases Noticed:

Gebhart v. Shindle (1824), 15 S. & R. 238, refd to. [para. 7].

Gould v. Crawford (1845), 2 Pa. St. 90, refd to. [para. 8].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 1997 CanLII 319, refd to. [para. 14].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161; 2000 SCC 40, refd to. [para. 14].

R. v. James (G.H.) (2014), 453 N.R. 114; (2014), 399 B.C.A.C. 1; 2014 SCC 5, refd to. [para. 57].

R. v. Griffiths (F.), [2013] Nfld. & P.E.I.R. Uned. 89 (N.L. Prov. Ct.), refd to. [para. 58].

R. v. J.A. (2011), 413 N.R. 1; 275 O.A.C. 6; 2011 SCC 17, refd to. [para. 59].

R. v. Lines (C.) (2013), 423 Sask.R. 289; 588 W.A.C. 289; 2013 SKCA 111, refd to. [para. 70].

R. v. Desjarlais (W.), [2013] Sask.R. Uned. 27; 2013 SKQB 61, refd to. [para. 72].

R. v. Chubbs (G.A.) (2013), 341 Nfld. & P.E.I.R. 346; 1061 A.P.R. 346; 2013 NLCA 60, refd to. [para. 73].

R. v. Crocker (B.L.) (2013), 339 Nfld. & P.E.I.R. 179; 1054 A.P.R. 179 (Prov. Ct.), refd to. [para. 74].

R. v. Williams (T.M.), [2013] B.C.T.C. Uned. 1774; 2013 BCSC 1774, refd to. [para. 76].

R. v. Vidovic (M.) (2013), 576 A.R. 228; 2013 ABPC 310, refd to. [para. 77].

Authors and Works Noticed:

Wigmore on Evidence (3rd Ed. 1940), §§ 492 [para. 5]; 499 [para. 6].

Counsel:

A. Manning, for the Crown;

M. Evans, Q.C., for the accused.

This matter was heard on January 9 and 10, 2014, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following judgment on January 29, 2014.