R. v. Taylor (N.F.), (2001) 174 B.C.A.C. 181 (YukCA)

• Judge: Ryan, Mackenzie and Proudfoot, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 31, 2001
• Jurisdiction: Yukon
• Citations: (2001), 174 B.C.A.C. 181 (YukCA)

R. v. Taylor (N.F.) (2001), 174 B.C.A.C. 181 (YukCA);

    286 W.A.C. 181

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. DE.009

Her Majesty The Queen (respondent) v. Norman Francis Taylor (appellant)

(00-YU442; 2001 YTCA 12)

Indexed As: R. v. Taylor (N.F.)

Yukon Court of Appeal

Ryan, Mackenzie and Proudfoot, JJ.A.

May 31, 2001.

Summary:

The accused was charged on an indictment with one count of assault causing bodily harm, one count of uttering a threat, one count of unlawful confinement, one count of driving while disqualified and one count of breaching probation. The accused was acquitted of unlawful confinement. He was also acquitted of assault causing bodily harm but convicted of the lesser included offence of common assault. He was sentenced to one year's imprisonment plus a 10 year firearms prohibition. The accused appealed the con­viction for assault, and applied for leave to appeal the sentence and appealed the impo­sition of the firearms prohibition.

The Yukon Court of Appeal allowed the conviction appeal, granted leave on the sentence appeal and remitted the question of the firearms prohibition to the Territorial Court.

Criminal Law - Topic 4452

Procedure - Verdicts - Included offences - Acts severable from offence charged - The accused was charged with assault causing bodily harm - The trial judge doubted that the accused voluntarily punched the com­plainant in the face and doubted that he intended to prevent her from leaving - The Yukon Court of Appeal held that to be convicted of the included offence of com­mon assault, inter alia, the offence charged and the included offence must both refer to the same trans­action - Here, the assaults were a separate transaction for which the accused was not charged separately - The court held that a conviction for the included offence of common assault was not supported by the evidence - See para­graphs 5 to 14.

Cases Noticed:

R. v. Ovcaric (1973), 11 C.C.C.(2d) 565 (Ont. C.A.), refd to. [para. 9].

R. v. Irwin (R.) (1998), 107 O.A.C. 102; 123 C.C.C.(3d) 316 (C.A.), refd to. [para. 13].

Counsel:

David McWhinnie, for the respondent;

Kimberly Eldred, for the appellant.

This appeal and application were heard before Ryan, Mackenzie and Proudfoot, JJ.A., of the Yukon Court of Appeal, on May 31, 2001, when the following decision was delivered orally for the court by Ryan, J.A.