R. v. Robinson (C.), (2005) 387 A.R. 166 (PC)

• Judge: Malin, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 13, 2005
• Citations: (2005), 387 A.R. 166 (PC);2005 ABPC 326

R. v. Robinson (C.) (2005), 387 A.R. 166 (PC)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. NO.105

Her Majesty The Queen v. Christian Robinson

(040968299P1; 2005 ABPC 326)

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

Alberta Provincial Court

Malin, P.C.J.

October 13, 2005.

Summary:

The accused was charged with assault (two counts), threatening to cause death or bodily harm (two counts), threatening to cause property damage (two counts), damage to property by mischief, unlawfully taking a motor vehicle without consent and breach of a recognizance (four counts).

The Alberta Provincial Court found the accused guilty of two counts of assault, and four counts of breach of a recognizance.

Criminal Law - Topic 1420

Assaults - Defence - Self-defence - The accused and his common law wife had a heated argument over their impending separation - As the accused advanced towards the wife to continue their argument, the wife punched him in the face in the reasonable belief that he was going to bite her - In response, the accused pushed her -In convicting the accused of assault, the Alberta Provincial Court rejected the pleas of consensual fight and self-defence - Although they argued, neither had the intention to physically fight - Accordingly, there was no consent to a physical fight - Since the accused feared no further punches, his pushing the wife (an assault) was not done in self-defence - Self-defence required that the accused act in response to a fear of an assault or a repetition of a previous assault - See paragraphs 26 to 42.

Criminal Law - Topic 1422

Assaults - Defence - Consent - [See Criminal Law - Topic 1420 ].

Cases Noticed:

R. v. D.W. (1991), 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397 (S.C.C.), refd to. [para. 1].

R. v. Chittick (D.S.) (2004), 228 N.S.R.(2d) 81; 723 A.P.R. 81 (C.A.), refd to. [para. 17].

R. v. Ay (1994), 59 B.C.A.C. 161; 98 W.A.C. 161; 93 C.C.C.(3d) 456 (C.A.), refd to. [para. 18].

R. v. C.J.L. (2004), 190 Man.R.(2d) 177; 335 W.A.C. 177 (C.A.), refd to. [para. 19].

R. v. Moose (N.C.) (2004), 190 Man.R.(2d) 156; 335 W.A.C. 156 (C.A.), refd to. [para. 19].

R. v. Paice (C.J.D.), [2005] 1 S.C.R. 339; 332 N.R. 159; 262 Sask.R. 171; 341 W.A.C. 171; 2005 SCC 22, refd to. [para. 27].

R. v. Hebert (D.M.) (1996), 197 N.R. 277; 77 B.C.A.C. 1; 126 W.A.C. 1; 107 C.C.C.(3d) 42 (S.C.C.), refd to. [para. 31].

R. v. Abbaya (F.E.) (2000), 289 A.R. 82 (Prov. Ct.), refd to. [para. 31].

R. v. Grandin (D.T.) (2001), 152 B.C.A.C. 228; 250 W.A.C. 228; 154 C.C.C.(3d) 408 (C.A.), refd to. [para. 34].

Counsel:

M. Anderson, for the Crown;

A. Boyd, for the accused.

This matter was heard before Malin, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on October 13, 2005.