R. v. Peach (C.), (2015) 370 Nfld. & P.E.I.R. 244 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: July 15, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 370 Nfld. & P.E.I.R. 244 (NLPC)

R. v. Peach (C.) (2015), 370 Nfld. & P.E.I.R. 244 (NLPC);

    1153 A.P.R. 244

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. AU.032

Her Majesty the Queen v. Carl Peach

(Docket: 0814A00188)

Indexed As: R. v. Peach (C.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

August 26, 2015.

Summary:

The accused was charged with assaulting his daughter and her fiancé, and uttering a threat to kill the fiancé.

The Newfoundland and Labrador Provincial Court found the accused guilty of all three offences.

Criminal Law - Topic 1413

Assaults - Simple assault - What constitutes - Carl and his daughter (Amy) were estranged - Amy had asked Carl not to attend at the home that she shared with her fiancé (Craig) - When Carl showed up at the home anyway, an argument ensued - Carl pushed or poked Amy on the shoulder - When Carl refused to leave, Amy and Craig attempted to physically remove him from the home - Carl resisted by grabbing and pushing them - He also swung his fist at Craig or drew his fist back as if to strike Craig - The Newfoundland and Labrador Provincial Court found Carl guilty of assault respecting both Amy and Craig - The court stated that "... an assault is committed when there is an intentional, non- consensual touching of one person by another. ... an assault may be committed without physical contact between the parties, in that it is committed when, by an act or gesture, he attempts or threatens to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to affect his purpose." - By these measures, Carl committed assaults when he (1) pushed or poked Amy's shoulder; (2) resisted removal from the house by grabbing and pushing Craig and Amy; and (3) tried to swing at Craig with his fist during the effort to remove him from the residence - See paragraphs 70 to 74.

Criminal Law - Topic 1418

Assaults - Constructive assault by threatening - [See Criminal Law - Topic 1413 ].

Criminal Law - Topic 1428

Assaults - Expulsion of trespassers - [See Criminal Law - Topic 1413 ].

Criminal Law - Topic 1562

Threats - Threat - What constitutes - Carl and his daughter (Amy) were estranged - Amy had asked Carl not to attend at the home that she shared with her fiancé (Craig) - Carl showed up at the home anyway and refused to leave - Craig, who was smaller than Carl, attempted to physically remove Carl from the home - In the process, Carl told Craig that he would or could hit or kill him - The Newfoundland and Labrador Provincial Court found Carl guilty of uttering threats - In the context of trying to physically put a much bigger man out of one's home, any remark by the trespasser which suggested injury or death to the homeowner would objectively be considered a threat - See paragraphs 64 to 69.

Criminal Law - Topic 1563

Threats - Threat to kill - [See Criminal Law - Topic 1562 ].

Criminal Law - Topic 1567

Threats - Threat to cause bodily harm - [See Criminal Law - Topic 1562 ].

Cases Noticed:

R. v. Bartlett (1989), 79 Nfld. & P.E.I.R. 143; 246 A.P.R. 143 (Nfld. T.D.), refd to. [para. 4].

R. v. McRae (S.) (2013), 451 N.R. 375; 2013 SCC 68, refd to. [para. 6].

R. v. McCraw, [1991] 3 S.C.R. 72; 128 N.R. 299; 49 O.A.C. 47; 1991 CanLII 29, refd to. [para. 6].

R. v. Clemente (V.F.), [1994] 2 S.C.R. 758; 168 N.R. 310; 95 Man.R.(2d) 161; 70 W.A.C. 161; 1994 CanLII 49, refd to. [para. 6].

R. v. O'Brien (K.J.), [2013] 1 S.C.R. 7; 438 N.R. 126; 288 Man.R.(2d) 150; 564 W.A.C. 150; 2013 SCC 2, refd to. [para. 6].

R. v. Smith (T.A.), [2014] Nfld. & P.E.I.R. Uned. 27; 2014 CanLII 32436 (N.L. Prov. Ct.), refd to. [para. 57].

R. v. Leblanc, [1989] 1 S.C.R. 1583; 96 N.R. 240; 99 N.B.R.(2d) 449; 250 A.P.R. 449, refd to. [para. 64].

Counsel:

A. Manning, for the Crown;

G. French, for the accused.

This matter was heard on June 30 and July 15, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following judgment on August 26, 2015.