R. v. Musselman (G.), [1999] O.T.C. 68 (SupCt)

• Judge: Lack, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 17, 1999
• Jurisdiction: Ontario
• Citations: [1999] O.T.C. 68 (SupCt)

R. v. Musselman (G.), [1999] O.T.C. 68 (SupCt)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. DE.122

Grant Musselman (appellant) v. Her Majesty The Queen (respondent)

(98-00989)

Indexed As: R. v. Musselman (G.)

Court of Ontario

Superior Court of Justice

Lack, J.

December 2, 1999.

Summary:

The accused's 13 year old son was ejected from a hockey game for checking from behind. After the second period of the game the accused made comments to the officials as they were leaving the ice. He allegedly forced his way into the officials' room, grabbed one of the linesmen by the jersey below the neck and shook him. The linesman scraped his left inside forearm. The accused was convicted of common assault and sentenced to probation of one year and a $400 fine. The accused appealed the conviction and sentence. In particular the accused sought a conditional or absolute discharge.

The Ontario Superior Court dismissed the accused's appeal.

Criminal Law - Topic 1413

Offences against person and reputation - Assaults - Simple assault - What constitutes - Altercation during hockey game - See paragraphs 1 to 21.

Criminal Law - Topic 5861

Sentencing - Sentence - Particular offences - Assault (incl. common assault) - Altercation during hockey game - See paragraphs 1 to 21.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 12].

R. v. McCarthy (M.) (1995), 91 O.A.C. 348 (C.A.), revsd. [1996] 2 S.C.R. 460; 198 N.R. 393; 92 O.A.C. 199, refd to. [para. 14].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327, refd to. [para. 17].

R. v. Bebis, [1989] O.J. No. 1620 (Ont. Dist. Ct.), refd to. [para. 19].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 730(1) [para. 18].

Counsel:

Bernard F. O'Brien, for the appellant;

Lee-Anne McCallum, for the respondent.

This appeal was heard on November 17, 1999, before Lack, J., of the Ontario Superior Court, who released the following decision on December 2, 1999.

Please note: The following judgment has not been edited.